Public Resources Code — Part 26 | PRC — United States — California law | Esheria

Public Resources Code

Part 26 of 41 · provisions 5,001–5,200

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 47105.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The required guidelines must include a model operation plan and rules for handling household hazardous waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47105. The guidelines required by this article shall include all the following elements: (a) Development of a model operation plan for community household hazardous waste collection, recycling, and disposal programs required to be identified pursuant to this article. The model operation plan shall include a description of proper procedures for hazardous waste handling, storage, transportation, and personnel training. (b) The establishment of guidelines on the generic types of household hazardous substances which should be disposed of as hazardous waste, and guidelines on the safe management of hazardous wastes generated by households which may be excluded from household hazardous waste collection programs but which may require some special handling. (Repealed and added by Stats. 1990, Ch. 35, Sec. 67. Effective March 30, 1990.)
  2. 47106.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    When setting guidelines for what products count as hazardous waste, the board must consider toxicity, toxic ingredient concentration, and other appropriate factors, and also whether some household product categories should be excluded.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47106. In establishing guidelines on which products should be disposed of as hazardous waste, the board shall consider such factors as toxicity, concentration of toxic ingredients in a product, and other appropriate factors. The board shall also consider the appropriateness of excluding from any listing of household hazardous wastes specific categories of household products, such as products intended for human consumption, personal hygiene products, and other categories of household products intended for general consumer use. (Repealed and added by Stats. 1990, Ch. 35, Sec. 69. Effective March 30, 1990.)
  3. 47107.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    The board must advise county health offices that the listed materials are available.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47107. The guidelines and operation plan prepared pursuant to subdivision (a) shall, upon request, be made available to local agencies and the public. The board shall advise county health offices of the availability of these materials and of the informational materials developed pursuant to Article 1 (commencing with Section 47051). (Added by Stats. 1990, Ch. 35, Sec. 70. Effective March 30, 1990.)
  4. 47108.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    When developing the article’s guidelines, the board must consult existing information sources as far as feasible.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47108. In developing the guidelines required by this article, the board shall, to the extent feasible, consult existing sources of information, including household hazardous waste collection programs which have been operated in the state and in other states, and industry and academia. (Added by Stats. 1990, Ch. 35, Sec. 71. Effective March 30, 1990.)
  5. 47109.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

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    A city or county may vote to raise solid waste collection fees to pay for a household hazardous waste collection, recycling, and disposal program, but the increase cannot exceed the reasonable cost of the program.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3. Household Hazardous Waste Management [47100 - 47109] ( Article 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 47109. Any city or county may, upon a vote of the governing body of the city or county, authorize an increase in solid waste collection fees to offset the cost to the city or county of establishing, publicizing, and maintaining a household hazardous waste collection, recycling, and disposal program implemented pursuant to this article. Any increase in garbage collection fees authorized by this section shall be set at a level to bring in revenues not higher than is necessary to fund the reasonable cost of the household hazardous waste collection, recycling, and disposal program. Where an appropriately licensed private entity is utilized by a city or county, under a permit or existing franchise, to undertake a household hazardous waste collection, recycling, and disposal program, the costs of handling, hauling, and disposing of household hazardous wastes shall be paid through fees or rates charged for service. (Added by Stats. 1990, Ch. 35, Sec. 72. Effective March 30, 1990.)
  6. 47115.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. )

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    A covered pharmaceutical manufacturer must submit a plan to the board, by July 1, 2010 and annually after that, describing how it supports safe collection and proper disposal of the waste devices.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. ) ## 47115. A pharmaceutical manufacturer that sells or distributes a medication in California that is usually intended to be self-injected at home through the use of a hypodermic needle, pen needle, intravenous needle, or any other similar device, shall, on or before July 1, 2010, and annually thereafter, submit to the board, or its successor agency, a plan that describes how the manufacturer supports the safe collection and proper disposal of the waste devices. (Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
  7. 47115.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. )

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    The required plan must include a description of any manufacturer actions related to safe collection, proper disposal, consumer education, and support for partner efforts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. ) ## 47115.5. The plan required pursuant to Section 47115 shall include, at a minimum, a description of the actions, if any, taken by the manufacturer to do the following: (a) Provide for the safe collection and proper disposal of the waste devices. (b) Educate consumers about safe management and collection opportunities. (c) Support efforts by retailers, pharmaceutical distributors, manufacturers of injection devices, and other partners, including local governments, health care organizations, public health officers, solid waste service providers, and other groups with interest in protecting public health and safety through the safe collection and proper disposal of waste devices. (Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
  8. 47116.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. )

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    Manufacturers must post and maintain a copy of the Section 47115 plans on their website, and the board or its successor agency must post and maintain copies of the manufacturers’ submitted plans on its website.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.3. Home-Generated Sharps Waste Collection [47115 - 47116] ( Article 3.3 added by Stats. 2009, Ch. 591, Sec. 1. ) ## 47116. (a) The manufacturer shall post and maintain a copy of the plans required pursuant to Section 47115 on its Internet Web site. (b) The board, or its successor agency, shall post and maintain copies of the plans submitted by the manufacturers pursuant to Section 47115 on its Internet Web site. (Added by Stats. 2009, Ch. 591, Sec. 1. (SB 486) Effective January 1, 2010.)
  9. 4712.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    This section defines “owner” and “timberland” for the article on forest insect and plant disease control.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4712. As used in this article: (a) “Owner” includes any individual, partnership, corporation, or association. (b) “Timberland” means any land which has enough timber, standing or down, to constitute, in the judgment of the board, an insect or pine beetle infestation breeding ground or plant disease hazard of a nature to constitute a menace, injurious and dangerous to timber or forest growth. (Added by Stats. 1965, Ch. 1144.)
  10. 4713.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    Pine beetles and other harmful insect pests or plant diseases are treated as a public nuisance.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4713. Pine beetles and other insect pests or plant diseases which are harmful, detrimental and injurious to timber and forest growth are a public nuisance. (Added by Stats. 1965, Ch. 1144.)
  11. 4714.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    Owners of timber or timberlands must control or eradicate insect pests or plant diseases on land they own or control.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4714. Every owner of timber or timberlands shall control or eradicate the insect pests or plant diseases on lands owned by the owner or under the owner’s control. If the owner does not do so the work may be performed as provided in this article. (Amended by Stats. 2021, Ch. 133, Sec. 93. (SB 272) Effective July 23, 2021.)
  12. 4714.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    Moving eucalyptus wood with live Eucalyptus Longhorn Borers or larvae in trucks or trailers is prohibited.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4714.5. The movement of eucalyptus wood containing live Eucalyptus Longhorn Borers or their larvae in trucks or trailers is prohibited. A violation of this section is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. (Added by Stats. 1988, Ch. 225, Sec. 2.)
  13. 4715.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    The department may make agreements, subject to board policy, to control or eradicate forest insects or plant diseases, and may spend money for that purpose.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4715. The department, in accordance with policy established by the board, may enter into agreements with any owner and with any agency of government, including the federal government, for the purpose of controlling or eradicating forest insects or plant diseases damaging or threatening destruction to timber or forest growth, and it may make expenditures for that purpose. (Amended by Stats. 1991, Ch. 408, Sec. 1.)
  14. 4716.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    If the director finds a serious pest or disease infestation threatening nearby timberlands, the director may declare a zone, and the department or its agents must eradicate or control the infestation there in a board-approved manner.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4716. (a) Whenever the director determines that there exists an area that is infested or infected with insect pests or plant diseases injurious to timber or forest growth and that the infestation or infection is of such a character as to be a menace to the timber or timberlands of adjacent owners, the director, with the approval of the board, may declare the existence of a zone of infestation or infection, and describe and fix its boundaries. (b) If the director declares the existence of a zone of infestation or infection pursuant to subdivision (a), the department or its agents may go upon state and private lands within the zone of infestation or infection and shall cause the infestation or infection to be eradicated or controlled in a manner that is approved by the board. (c) (1) Within a zone of infestation or infection, the department may remove live vegetation directly adjacent to dead or dying vegetation that is substantially at risk of infestation or infection. (2) The department may also remove soil that harbors or could reasonably harbor insects or pathogens injurious to timber or forest growth, and that have the potential to facilitate the spread of insects or pathogens to live trees or could substantially increase the risk of subsequent infestations or infections. (Amended by Stats. 2008, Ch. 365, Sec. 2. Effective January 1, 2009.)
  15. 4717.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

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    The department may conduct surveys and appraisals, and spend money for that purpose, to gather data on insect infestations and disease infections.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4717. The department may make the necessary surveys and appraisals to obtain pertinent data and information on insect infestations and disease infections. The department may make expenditures for that purpose. (Amended by Stats. 1976, Ch. 1300.)
  16. 4718.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If the director finds insect or disease control work in a designated infestation or infection zone is no longer necessary or feasible, the director must dissolve the zone with board approval.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 5. Forest Insect and Plant Disease Control [4712 - 4718] ( Article 5 added by Stats. 1965, Ch. 1144. ) ## 4718. If the director determines that insect or disease control work within the designated zone of infestation or infection is no longer necessary or feasible the director shall, with the approval of the board, dissolve the zone. (Amended by Stats. 2021, Ch. 133, Sec. 94. (SB 272) Effective July 23, 2021.)
  17. 47200.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. )

    Verify source ↗

    The board must use account funds, when the Legislature appropriates them, to make grants for local hazardous waste programs and related local agencies, and it must prioritize certain programs when awarding grants.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. ) ## 47200. (a) The board shall expend funds from the account, upon appropriation by the Legislature, for the making of grants to cities, counties, or other local agencies with responsibility for solid waste management, and for local programs to help prevent the disposal of hazardous wastes at disposal sites, including, but not limited to, programs to expand or initially implement household hazardous waste programs. In making grants pursuant to this section, the board shall give priority to funding programs that provide for the following: (1) New programs for rural areas, underserved areas, and for small cities. (2) Expansion of existing programs to provide for the collection of additional waste types, innovative or more cost-effective collection methods, or expanded public education services. (3) Regional household hazardous waste programs. (b) (1) The total amount of grants made by the board pursuant to this section shall not exceed, in any one fiscal year, three million dollars ($3,000,000). (2) Notwithstanding paragraph (1), the total amount of grants made by the board pursuant to this section may exceed three million dollars ($3,000,000) but shall not exceed six million dollars ($6,000,000), in any one fiscal year, if sufficient funds are appropriated from the Integrated Waste Management Account for this purpose. (Amended by Stats. 2007, Ch. 542, Sec. 2. Effective January 1, 2008.)
  18. 47201.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. )

    Verify source ↗

    The board must adopt regulations to implement this article, including criteria for choosing grant recipients.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. ) ## 47201. The board shall adopt regulations for implementation of this article, including, but not limited to, criteria for selecting grant recipients. (Added by Stats. 1993, Ch. 656, Sec. 37. Effective October 1, 1993.)
  19. 47202.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. )

    Verify source ↗

    The board’s expenses for this article must be paid from the account, and the board may not create liabilities beyond the money available there. The state is not made liable under this part.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. ) ## 47202. All expenses incurred by the board in carrying out this article shall be payable from the account. No liability or obligation is imposed upon the state pursuant to this part, and the board shall not incur any liability or obligation beyond the extent to which money is provided in the account for the purposes of this article. (Added by Stats. 1993, Ch. 656, Sec. 37. Effective October 1, 1993.)
  20. 47203.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. )

    Verify source ↗

    The board must allocate specified funds, if the Legislature appropriates money, for a hazardous waste database project.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 3.5. Household Hazardous Waste Grants [47200 - 47203] ( Article 3.5 added by Stats. 1993, Ch. 656, Sec. 37. ) ## 47203. Upon appropriation by the Legislature, the board shall allocate, from the account, an amount not to exceed sixty thousand dollars ($60,000), to the Hazardous Waste Control Account, for expenditure for the 1993–94 fiscal year, to the Department of Toxic Substances Control, for the development and maintenance, jointly with the board, of a data base of all household hazardous waste collection events, facilities, and programs within the state. On and after July 1, 1994, upon appropriation by the Legislature, the board shall allocate an amount from the account of not more than sixteen thousand three hundred dollars ($16,300) in each fiscal year for that purpose. (Added by Stats. 1993, Ch. 656, Sec. 37. Effective October 1, 1993.)
  21. 4721.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The state’s policy is to preserve Sequoia gigantea as far as possible for conservation and for the benefit of present and future generations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4721. It is the policy of the state to preserve as far as possible the species Sequoia gigantea in the interest of conservation, both of soil and of the species itself, and for the benefit of present and future generations. (Added by Stats. 1965, Ch. 1144.)
  22. 4722.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If the Department of Parks and Recreation or the director finds that a Sequoia gigantea grove is suitably situated and large and characterful enough to justify preservation, the state policy is to acquire the grove for preservation and conservation.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4722. Upon the finding of the Department of Parks and Recreation or the director, or both, that any Sequoia gigantea grove is suitably situated and is of a size and character which justifies its preservation by and for the public, it is the policy of the state to acquire the grove for preservation and conservation purposes. (Amended by Stats. 1976, Ch. 1300.)
  23. 4723.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The Department of Parks and Recreation may acquire forested lands with Sequoia gigantea trees if the board recommends it and the commission or board believes the purchase is needed to preserve the trees and serve the public welfare.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4723. Pursuant to Sections 4721 and 4722, the Department of Parks and Recreation, or the department, on favorable recommendation of the board, may acquire any forested lands on which are found growing trees of the species Sequoia gigantea when, in the opinion of the commission or the board, the acquisition of such forested lands is necessary to the preservation of the Sequoia trees and to the public welfare. (Amended by Stats. 1976, Ch. 1300.)
  24. 4725.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This section says the article should not be interpreted as creating a policy to acquire Sequoia gigantea groves for preservation and conservation using money appropriated to buy land for park purposes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4725. Nothing in this article shall be construed as establishing a policy to acquire any such Sequoia gigantea groves for preservation and conservation out of any money appropriated for acquisition of land for park purposes by Chapter 1422, Statutes of 1945. (Added by Stats. 1965, Ch. 1144.)
  25. 4726.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A person must not willfully cut down, strip bark from, or burn a tree over 16 feet in diameter in big tree groves in Fresno, Tulare, or Kern Counties.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4726. Any person who willfully cuts down, strips of its bark, or destroys by fire, any tree “over 16 feet in diameter,” in the groves of big trees situated in the Counties of Fresno, Tulare, or Kern, is guilty of a misdemeanor, and is punishable by fine of not less than one hundred dollars ($100) nor more than six hundred dollars ($600), or by imprisonment in the county jail not less than 25 days nor more than 150 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 342. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  26. 4727.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If someone is arrested and convicted for violating Section 4726, the person who informed on the violation is entitled to half of the fines collected.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 6. Preservation of Big Trees [4721 - 4727] ( Article 6 added by Stats. 1965, Ch. 1144. ) ## 4727. Upon the arrest and conviction of any person for violation of Section 4726, the party informing is entitled to one-half of the fines collected. (Added by Stats. 1965, Ch. 1144.)
  27. 4731.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    Corporations may be formed under California’s general corporation laws to protect and develop forest and other renewable natural resources, unless this article modifies or extends those laws.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4731. Corporations may be formed under the general corporation laws of this state for the protection and development of forest and other renewable natural resources, except as the provisions of such laws are modified or extended by the provisions of this article. (Added by Stats. 1965, Ch. 1144.)
  28. 4732.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A corporation covered by this section must issue stock with par value, and its articles of incorporation must state the corporation’s purpose, the par value of its capital stock, and that its forest-resource projects are subject to state supervision and this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4732. All shares of stock issued by the corporation shall have a par value, and, in addition to other requirements prescribed by law, the articles of incorporation shall set forth all of the following: (a) That one of the purposes for which the corporation is formed is the protection and development of forest and other renewable natural resources. (b) The par value of all shares of capital stock of the corporation. (c) All projects for the protection and development of forests or other renewable natural resources undertaken by the corporation shall, at all times, be subject to the supervision and regulation of the state through the board or other appropriate state authority and subject to the provisions of this article. (Added by Stats. 1965, Ch. 1144.)
  29. 4733.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A shareholder of a corporation formed under this article may not receive or accept repayment of share investment above the share par value, current dividends up to 7% per year, and any cumulative dividends owed.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4733. No shareholder of any corporation formed pursuant to this article shall receive or accept from the corporation in repayment of his investment in its shares any sum in excess of the par value of the shares together with current dividends of not to exceed 7 percent per annum of the par value and any cumulative dividends to which the shareholder may be entitled. (Added by Stats. 1965, Ch. 1144.)
  30. 4734.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A corporation formed under this article may, if authorized by the Commissioner of Financial Protection and Innovation, borrow money or sell, pledge, or discount its securities to a federal corporation or agency.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4734. Any corporation formed pursuant to this article may, if so authorized by the Commissioner of Financial Protection and Innovation, borrow money from or sell, pledge, or discount its securities to any corporation or agency established under the authority of the federal government. (Amended by Stats. 2022, Ch. 452, Sec. 209. (SB 1498) Effective January 1, 2023.)
  31. 4735.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A corporation operating in forests or forest lands of this state becomes subject to this article if it borrows federal-government-backed money to conduct lumber operations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4735. Any corporation operating in or upon forests or forest lands of this state which borrows money from any corporation or agency established under the authority of the federal government for the purpose of conducting lumber operations shall thereupon automatically become subject to this article. (Added by Stats. 1965, Ch. 1144.)
  32. 4736.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A corporation doing timber cutting or other work on forest lands may not start operations without board approval, and the board must set reasonable forest-protection regulations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4736. No operation of a corporation operating pursuant to this article, involving the cutting of timber or other work upon forest lands shall be commenced without the approval of the board. For the purpose of regulating the conduct of such corporations the board shall establish reasonable regulations regarding adequate fire protection, protection of timber against infestation of forest insects, protection against tree disease epidemics, and provision for natural or artificial reforestation of the areas cut over. The board may make such other reasonable regulations regarding the operation of such corporations as in its opinion is necessary for the proper preservation or protection of the forests and forest lands. (Added by Stats. 1965, Ch. 1144.)
  33. 4737.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The board must inspect certain corporations’ properties during the operating season at least every two months, send a report to the lending public agency after each inspection, and charge the inspection cost to the corporation. If the board thinks the forest management plan is not being followed, it must notify the lumber operators and lender.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4737. The board shall make regular examination of the properties of such corporations during the operating season at intervals of not more than two months apart. Following such examination a report shall be submitted to the public agency from which loans have been made to the corporation. The cost of such examination shall be charged to and paid by the corporation whose property is examined. If in the opinion of the board the plan of forest management is not being adhered to, the board shall notify the lumber operators and the lender of this fact. (Added by Stats. 1965, Ch. 1144.)
  34. 4738.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    A corporation formed under this article must operate subject to any contract terms in an agreement with the relevant federal government corporation or agency that loaned or advanced funds.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 7. Protection and Development Corporations [4731 - 4738] ( Article 7 added by Stats. 1965, Ch. 1144. ) ## 4738. The operation of any corporation formed pursuant to this article shall, in addition to the requirements of this article, be subject to any stipulations or provisions contained in any contract which may be entered into between the corporation and the corporation or agency established under the authority of the federal government which may have loaned or advanced funds for the operations of the corporation. (Added by Stats. 1965, Ch. 1144.)
  35. 4740.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. )

    Verify source ↗

    The Legislature states that the department has expertise in wildland fire prevention and vegetation management, and that sharing this expertise can benefit public resources and help local governments.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. ) ## 4740. The Legislature hereby finds and declares all of the following: (a) The department has extensive technical expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands. When appropriately applied, this expertise can have significant public resource benefits, including decreasing high-intensity wildland fires, improving watershed management, range improvement, improving vegetation management, forest improvement, wildlife habitat improvement, restoring ecological integrity and resilience, improving community wildfire protection, improving carbon resilience, providing enhancement of culturally important resources, and maintenance of air quality. (b) Because of the scope of the problem of high-intensity wildland fires and expertise of the department, local governments, including cities, counties, and special districts, need assistance in preventing future problems resulting from inadequate fire prevention planning and vegetation management. (c) California will benefit if existing state expertise is made available to local governments, including cities, counties, and special districts, thereby integrating those efforts. (Amended by Stats. 2021, Ch. 755, Sec. 1. (AB 1570) Effective January 1, 2022.)
  36. 4741.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. )

    Verify source ↗

    The department must help local governments with wildland fire prevention and vegetation management expertise, as far as its budget allows.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. ) ## 4741. (a) In accordance with policies established by the board, the department shall assist local governments in preventing future high-intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the department’s budgetary limitations. (b) Any department recommendations made pursuant to subdivision (a) shall be advisory in nature and local governments shall not be required to follow those recommendations. (c) This section does not alter the existing obligations of a local government or affect the existing liability of any local government. (d) For purposes of this section, “local governments” include cities, counties, and special districts. (Amended by Stats. 2021, Ch. 755, Sec. 2. (AB 1570) Effective January 1, 2022.)
  37. 4742.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. )

    Verify source ↗

    The department must consider pay, classifications, and recruitment efforts for fuel-reduction staff, and it must, if feasible, recruit with California Native American tribes, tribal organizations, and cultural fire practitioners to fill vacancies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. ) ## 4742. (a) The state recognizes the problem of recruitment and retention of foresters who engage in fuel reduction at the department. Due to the continuing need to recruit new foresters to fill vacancies, retain seasoned fuel reduction experts, reduce turnover rates, and provide comparability in pay to effectively compete with other positions at the department and ensure necessary staffing levels, salaries and classifications should be improved and maintained by the department. (b) To carry out the intent of subdivision (a), the department shall take into consideration the salary, classification, and recruitment efforts for its personnel that conducts fuel reduction to fill vacancies and retain seasoned fuel reduction experts. (c) The department shall, to the extent feasible, engage in recruitment efforts with California Native American tribes, tribal organizations, and cultural fire practitioners to fill vacancies in positions that engage in fuel reduction on behalf of the department. (Added by Stats. 2021, Ch. 375, Sec. 15. (AB 642) Effective January 1, 2022.)
  38. 4743.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. )

    Verify source ↗

    A state public entity must consider adding listed criteria to funding guidelines for grants that support environmentally sensitive vegetation management projects.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 8. Wildland Fire Prevention and Vegetation Management [4740 - 4743] ( Article 8 added by Stats. 1980, Ch. 368, Sec. 1. ) ## 4743. (a) For purposes of this section, “environmentally sensitive vegetation management” means vegetation management that reduces catastrophic wildfire risk over the long term while supporting native wildlife and biodiversity. (b) For purposes of this section, “type conversion” means the process of dominant native plant species, including, but not limited to, native shrubs, being significantly reduced or extirpated and nonnative species colonizing an area due to disturbance events, including, but not limited to, wildfire incidents. For purposes of this section, “type conversion” does not include the removal of native species to make room for other native, but underrepresented, vegetation. (c) For a grant program that funds an environmentally sensitive vegetation management project, a state public entity shall consider incorporating into its funding guidelines all of the following criteria: (1) Follows the principles of integrated pest management as defined in Section 11401.7 of the Food and Agricultural Code. (2) Implements measures to support native plant health and biodiversity. (3) Maximizes long-term risk reduction of catastrophic wildfire. (4) Uses monitoring plans, as determined by the funding entity, and incorporates monitoring before, during, and after vegetation management treatments. (5) Uses methods that mimic natural disturbance processes to maintain rare habitats. (6) Times vegetation management to minimize the potential impacts to wildlife and minimize the reproduction of invasive plants. (7) Minimizes erosion impacts from vegetation management. (8) Includes consultation with native plant botanists and land management experts. (9) Leaves buffers around bodies of water to protect watershed health. (10) Uses prescribed grazing, as defined in Section 4004.5, where applicable. (11) Avoids habitat type conversion. (12) Implements measures to avoid impacts to rare or sensitive species and habitats, in consultation with relevant agencies. (Added by Stats. 2025, Ch. 778, Sec. 2. (SB 653) Effective January 1, 2026.)
  39. 4750.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    This article is called the Sudden Oak Death Management Act of 2002 and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750. This article shall be known and may be cited as the Sudden Oak Death Management Act of 2002. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  40. 4750.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The Legislature finds that sudden oak death is spreading and says continuing funding is needed for the Resources Agency’s program to combat it.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.1. The Legislature finds and declares all of the following: (a) The need for expanding the current efforts to slow the spread of sudden oak death grows more urgent with the discovery of each new plant host and the spread of the disease to an increasing number of counties. (b) The cause of sudden oak death, a fungus known as Phytophthora ramorum, has only recently been discovered. There is currently no known cure for trees and other plant species infected with this fungus, leaving removal as the only current option. Although costly, infected trees and other plant species can be removed. (c) Ten counties have now confirmed the presence of sudden oak death in several trees and other plant species. The counties are Marin, Sonoma, Monterey, Mendocino, Napa, San Mateo, Santa Cruz, Santa Clara, Solano, and Alameda. Trees and other plant species in several other counties are potentially affected with sudden oak death, but are not yet confirmed. (d) In addition to the tens of thousands of tanoaks (Lithocarpus densiflorus), coast live oaks (Quercus agrifolia), and black oaks (Quercus kelloggii) that are currently dying of Phytophthora ramorum, the fungus has also been confirmed in Shreve’s oak (Quercus parvula, var. shrevei), rhododendron (Rhododendron species, except azaleas), California bay laurel (Umbellularia californica), madrone (Arbutus menziesii), huckleberry (Vaccinium ovatum), arrowwood (Viburnum x bodnantense), bigleaf maple (Acer macrophyllum), California buckeye (Aesculus californica), California coffeeberry (Rhamnus californica), a honeysuckle (Lonicera hispidula), manzanita (Arctostaphylos manzanita), and Toyon or Christmas berry (Heteromeles arbutifolia). Several more species are suspected of infestation. (e) Research is urgently needed to determine the range of host trees and other plants that may be infected, to help develop sufficient control strategies. (f) There is now a significant danger that sudden oak death may spread to other regions of California, other states, or countries. Currently, federal agencies, California, Oregon, Canada, and South Korea have imposed quarantines in an attempt to halt the spread of the fungus. (g) The effect of the spread of this devastating disease is potentially disastrous: massive die-offs of oak trees covering thousands of acres; a serious increase in fire threats in areas that include densely populated areas; a dramatic change in forest cover and ecosystems with a devastating effect on California’s wildlife; and severe consequences to California’s economy, including threats to tourism and the continued sale of nursery stock and forest products. (h) Therefore, it is the intent of the Legislature to provide continuing funding to the Resources Agency for its program to combat sudden oak death. Funding is necessary to address this situation quickly and adequately, and to ensure that necessary actions are taken to protect the public safety and the environment. It is the intent of the Legislature that the Department of Forestry and Fire Protection, with recommendations from the California Oak Mortality Task Force, administer this program. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  41. 4750.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    In this article, “task force” means the California Oak Mortality Task Force.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.2. As used in this article, “task force” means the California Oak Mortality Task Force. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  42. 4750.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The state declares a policy to stop the spread of sudden oak death and conserve affected oak trees and other plant species, and sets out related purposes for the article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.3. It is hereby declared to be the policy of the state, to the extent feasible, to stop the spread of sudden oak death and conserve oak trees and other plant species affected by the disease. The purpose of this article is to accomplish all of the following: (a) Prevent the introduction and spread within this state of sudden oak death caused by Phytophthora ramorum. (b) Reduce or eliminate the loss of oak trees and other plant species infected with Phytophthora ramorum. (c) Encourage the coordination of efforts between federal, state, and local agencies and organizations to effectively allocate resources to manage Phytophthora ramorum. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  43. 4750.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The department must run a program to detect, remove, and if possible treat trees infected with Phytophthora ramorum, and the director must take steps to prevent or slow its spread.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.4. (a) (1) The department shall implement a program to detect, remove, and treat, if possible, trees infected with Phytophthora ramorum. This program shall encourage tree management and replanting in urban and other infected areas and assist counties in seeking innovative solutions to problems caused by Phytophthora ramorum. (2) The department is primarily responsible for carrying out the intent of this article in cooperation with the task force and other private and public entities or persons and appropriate local, state, and federal agencies. (b) (1) The department shall cooperate with those agencies of the federal government that have powers and duties concerning forestry, and shall perform all actions necessary to secure for this state the benefits of federal forestry programs. (2) To facilitate the implementation of this article, the director may enter into agreements and contracts with any public or private entity, including any local agency, that has forestry related jurisdictional responsibilities. The director may consult with those entities and agencies when carrying out the objectives of this article. (c) The director shall take all necessary steps to prevent or retard the introduction, establishment, and spread of Phytophthora ramorum. (d) The department and the Department of Food and Agriculture shall cooperate in setting quarantine boundary lines, if necessary, and in enforcing the provisions relating to plant quarantine and pest control in Division 4 (commencing with Section 5001) of the Food and Agricultural Code if a quarantine is established with regard to Phytophthora ramorum. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  44. 4750.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The department must provide information and technical assistance on Phytophthora ramorum, and state agencies may help local tree maintenance programs by loaning surplus equipment.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.5. (a) The department shall provide information and technical assistance to cities, counties, districts, regional entities, homeowner neighborhood groups, and nonprofit organizations on Phytophthora ramorum. (b) The department and any other state agency may assist local tree maintenance programs by loaning surplus equipment for regional and local urban forestry. Eligible programs shall include, but are not limited to, urban tree care by nonprofit organizations. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  45. 4750.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The director may contract for assistance with project costs for implementing this article, with advice from the task force.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.6. The director, with advice from the task force, may enter into contracts to provide assistance for project costs associated with the implementation of this article. Eligible projects shall include all of the following: (a) Infected tree detection, including coordination of local agency efforts and citizen involvement. (b) Funding for seedlings, tree stock, and replanting. (c) Other categories of projects recommended by the task force and approved by the director. (Added by Stats. 2002, Ch. 854, Sec. 1. Effective September 25, 2002.)
  46. 4750.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. )

    Verify source ↗

    The Department of Forestry and Fire Protection must spend appropriated funds on sudden oak death management, follow task force recommendations, and carry out related contracting, research, education, fire protection, and administrative activities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 9. Sudden Oak Death Management Act of 2002 [4750 - 4750.7] ( Article 9 added by Stats. 2002, Ch. 854, Sec. 1. ) ## 4750.7. (a) (1) The Department of Forestry and Fire Protection shall expend funds, subject to appropriation in the Budget Act, on sudden oak death management activities pursuant to this section. The department shall take into account the recommendations of the task force for the expenditure of the funds. (2) The department shall expend the funds appropriated pursuant to this subdivision to take various actions to control the spread of Phytophthora ramorum, to find effective treatments to prevent or eliminate sudden oak death, and to assist state and local agencies and private property owners to perform, identify, remove, and appropriately dispose of trees and plants that have become infected or expired due to sudden oak death. (3) (A) Of the amount to be expended pursuant to this subdivision, the department shall expend the amount of funds it deems necessary on sudden oak death monitoring including, but not limited to, open-space surveys, roadside surveys, aerial surveys, monitoring technique workshops, development of baseline information on the distribution, condition, and mortality rates of oaks in California, and maintaining an up-to-date geographic information system database. (B) (i) Except as provided in clause (ii), of the amount to be expended pursuant to this subdivision, the department shall expend not less than 35 percent on sudden oak death management activities pursuant to contracts with counties, which may include, but need not be limited to, hazard tree assessment, contracts with counties for hazard tree removal pursuant to the process established by clause (iii), biomass utilization, assessment and management of restoration and mitigation options, establishment and operation of demonstration projects, including green waste treatment facilities, and grants to counties for oak tree restoration pursuant to the process established by clause (iv). The department shall first endeavor to contract directly with the affected county. If the county declines to enter into a contract, or if the county has not commenced the process established by clause (iii) within 60 days of notification by the department of the need for a contract with the affected county, the department may enter into one or more contracts with one or more other appropriate entities at the local level. (ii) Of the amount of funds appropriated in the Budget Act of 2002 that is expended under this subdivision, the department shall expend not less than seven hundred thousand dollars ($700,000) pursuant to clause (i). (iii) The department shall utilize a portion of the funds to be expended pursuant to this subparagraph to contract with affected counties for the removal of trees that have died or are dying as a result of sudden oak death. An affected county may apply to the department for a contract, and shall provide the department with an action plan for the removal and disposition of affected trees within its jurisdiction. The department shall approve or deny an affected county’s action plan in a timely manner. If the department approves the action plan of an affected county, the department may enter into a contract with that county. The department shall consider the recommendation of the task force prior to approving or denying a county action plan and prior to entering into a contract under this clause. An action plan approved by the board prior to January 1, 2003, is deemed sufficient to comply with this section. (iv) The department shall utilize a portion of the funds to be expended pursuant to this subparagraph to contract with affected counties for activities designed to restore oak trees in areas that have been affected by sudden oak death. An affected county may apply to the department for these funds, and provide the department with an action plan for the restoration of affected trees within its jurisdiction. The department shall approve or deny an affected county’s action plan in a timely manner. If the department approves the action plan of an affected county, the department may enter into a contract with that county. The department shall consider the recommendations of the task force prior to approving or denying a county action plan and prior to entering into a contract under this clause. The department may reallocate to other sudden oak death management activities authorized under this section any amount allocated under this subdivision and not expended within one year after the date it was originally allocated. (C) Of the amount to be expended pursuant to this subdivision, the department may expend the amount of funds it deems necessary on research activities, including, but not limited to, research on forest pathology and Phytophthora ecology, forest insects associated with oak decline, urban forestry and arboriculture, forest ecology, fire management and silviculture, genetic resistance, ecosystem impacts, and landscape ecology, epidemiology, and monitoring techniques. (D) Of the amount to be expended pursuant to this subdivision, the department may expend the amount of funds it deems necessary on education activities, including, but not limited to, support for two regional education project coordinators, one public information officer, Internet Web site design and maintenance training, and development and distribution of educational materials on sudden oak death for homeowners, arborists, urban foresters, park managers, public works personnel, utility crews, recreationists, nursery workers, landscapers, naturalists, and firefighting personnel. (E) Of the amount to be expended pursuant to this subdivision, the department may expend the amount of funds it deems necessary on fire protection and prevention activities, including, but not limited to, assessing fire risk in heavily impacted areas, inspecting property to encourage increased clearing of vegetation in heavily infested areas and to mitigate the fire risk, producing and distributing safety information for firefighters working in areas affected by sudden oak death, and treating vegetation to prevent fire. (F) Of the amount to be expended pursuant to this subdivision, the department may expend the amount of funds it deems necessary to fund administrative activities necessary to oversee the activities listed in subparagraphs (A) to (E), inclusive, including, but not limited to, an overall statewide task force coordinator, miscellaneous expenses associated with the operation of the task force, and staff of the department to carry out contract preparation, administration, and fiscal audits of contract expenditures. (b) Of the amount to be expended under this section, the department may allocate funds to the Department of Food and Agriculture for regulatory activities, including, but not limited to, nursery surveys and other regulatory enforcement activities performed by agricultural commissioners, diagnostic services, and public agency coordination efforts. Of the amount allocated to be expended under this subdivision, the department may expend the amount of funds it deems necessary to fund administrative activities necessary to oversee the activities listed in this subdivision. (Amended by Stats. 2004, Ch. 224, Sec. 4. Effective January 1, 2005.)
  47. 4751.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 10. Conservation Easements on Forested Lands [4751 - 4752] ( Article 10 added by Stats. 2022, Ch. 131, Sec. 2. )

    Verify source ↗

    For certain state-funded forest conservation easements, the landowner must agree to manage the land to improve forest health and long-term carbon and watershed benefits.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 10. Conservation Easements on Forested Lands [4751 - 4752] ( Article 10 added by Stats. 2022, Ch. 131, Sec. 2. ) ## 4751. (a) (1) Except as provided in Section 4752, this section shall apply to any conservation easement, as defined in Section 815.1 of the Civil Code, contracted for purchase with state funds on or after January 1, 2023, wherein land subject to the easement is composed of existing forest lands, as defined in subdivision (g) of Section 12220, covering at least 40 acres, except as provided in paragraph (2). (2) The 40-acre minimum in paragraph (1) shall not apply if the land subject to the easement has been zoned as a timberland production zone pursuant to Section 51112 or 51113 of the Government Code, and as defined in subdivision (g) of Section 51104 of the Government Code. (3) This section shall not apply to a conservation trail easement when the primary purpose is for public access to a trail. (b) To the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the landowner shall agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of these larger trees over time. (Added by Stats. 2022, Ch. 131, Sec. 2. (AB 2966) Effective January 1, 2023.)
  48. 4752.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 10. Conservation Easements on Forested Lands [4751 - 4752] ( Article 10 added by Stats. 2022, Ch. 131, Sec. 2. )

    Verify source ↗

    For certain state-funded conservation easements on forest land, the landowner must agree to forest-health and carbon-storage management terms in the easement plan, unless federal law, bond terms, or another funding source conflict.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 10. Conservation Easements on Forested Lands [4751 - 4752] ( Article 10 added by Stats. 2022, Ch. 131, Sec. 2. ) ## 4752. For any conservation easement purchased with state funds on or after January 1, 2019, to December 31, 2022, inclusive, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the landowner shall agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of these larger trees over time. (Added by Stats. 2022, Ch. 131, Sec. 2. (AB 2966) Effective January 1, 2023.)
  49. 47550.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 4. Liability [47550- 47550.] ( Heading of Article 4 renumbered from Article 5 by Stats. 1992, Ch. 1346, Sec. 10. )

    Verify source ↗

    Certain local governments running qualifying household hazardous waste programs are not liable for damage or injury caused by actions taken in operating the program, unless the action was in bad faith or negligent.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 1. Household Hazardous Substance Information and Collection [47000 - 47550] ( Heading of Chapter 1 (as affected by Stats. 1990, Ch. 35) amended by Stats. 1990, Ch. 1355, Sec. 52. ) ## ARTICLE 4. Liability [47550- 47550.] ( Heading of Article 4 renumbered from Article 5 by Stats. 1992, Ch. 1346, Sec. 10. ) ## 47550. A city, county, or local agency operating a household hazardous waste collection, recycling, and disposal program in accordance with Article 3 (commencing with Section 47100), and in accordance with Article 10.8 (commencing with Section 25218) of Chapter 6.5 of Division 20 of the Health and Safety Code, is not liable for any damage or injury caused by an action taken by the city, county, or local agency, or an employee or authorized agency of the city, county, or local agency, in the course of the operation of the program, unless the action is performed in bad faith or in a negligent manner. For purposes of this section, it shall be presumed that the action is performed in good faith and without negligence, and this presumption shall affect the burden of proof. (Amended by Stats. 1996, Ch. 647, Sec. 4. Effective January 1, 1997.)
  50. 4770.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. )

    Verify source ↗

    For this article, “task force” means the task force described in Section 4005.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. ) ## 4770. For purposes of this article, “task force” has the same meaning as the task force described in Section 4005. (Added by Stats. 2021, Ch. 387, Sec. 2. (SB 456) Effective January 1, 2022.)
  51. 4771.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. )

    Verify source ↗

    The task force must create and keep updating a wildfire and forest resilience implementation strategy, report progress to the Legislature, and coordinate that work with related state frameworks and agencies.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. ) ## 4771. (a) On January 1, 2022, the task force, including, but not limited to, the Natural Resources Agency, the California Environmental Protection Agency, the Office of Planning and Research, and the department, in coordination with the relevant lead federal, state, local, and tribal agencies, shall develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan” issued by the task force in January 2021. (b) The implementation strategy required by subdivision (a) shall include, but not be limited to, the identification of lead agencies and a description of the activities completed and still necessary to achieve the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan.” Implementation that is appropriate to the state’s different regions shall be included in the strategy. (c) The implementation strategy required by subdivision (a) shall, in addition to the contents identified in subdivision (b), address all of the following actions: (1) Increasing the pace and scale of wildfire and forest resilience activities. This includes all of the following: (A) A joint strategy to annually treat 500,000 acres of federal land and 500,000 acres of nonfederal land by 2025. The type of the treatments shall be monitored, tracked, and reported pursuant to subdivision (e). (B) A comprehensive strategy, developed in partnership with state agencies that own state land, to expand forest management and improve the health and resilience of forested state lands. (C) A comprehensive program to coordinate and align state and federal assistance programs for small private landowners, including grant programs, stewardship education workshops, and postfire rapid response teams. (D) A strategic action plan to expand the use of prescribed fire. (E) Expansion of the Department of Conservation’s Regional Fire and Forest Capacity Program through the development of a statewide network of regional forest and community fire resilience plans. (F) A comprehensive statewide reforestation strategy. (G) A permit synchronization plan to align permitting under the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511)) and forest practice rules and regulations adopted by the board with relevant permitting and regulatory requirements of the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife. The permit synchronization plan shall ensure, to the extent feasible, that the board, the department, the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife align their permitting requirements in order to reduce regulatory barriers for fire prevention and forest resilience activities. (H) A science-based review and recommendations to guide and inform state investments and regional strategies on actions needed to improve the health and fire resilience of chaparral, shrublands, and surrounding communities. (2) Strengthening the protection of communities and reducing their fire risk, including all of the following: (A) A statewide framework, including performance measures, to support local and regional community fire risk reduction and adaptation programs and projects. (B) Development and maintenance of a network of more than 500 fuel break projects across the state. (C) Expansion and modernization of existing defensible space and home hardening programs, particularly targeting high fire threat communities, including, but not limited to, inclusion of the ember-resistant zone and assistance programs for defensible space and home hardening, with priority given to the most vulnerable communities in the state. (D) Strengthening of investor-owned utility wildfire mitigation plans. (E) A framework for collaborative fuels reduction projects to protect roadway travelers and communities along highways, and to reduce roadside ignitions along primary and secondary emergency evacuation routes. (F) A Smoke Ready California campaign to provide coordinated messaging and content to help Californians plan for and protect themselves from wildfire smoke impacts. (3) Creating a sustainable wood products market in California, including both of the following: (A) A comprehensive framework and market strategy to align the state’s wood use policies and priorities, and to create economic opportunities for the use of forest materials that store carbon, reduce emissions, and contribute to sustainable local economies. (B) A catalyst fund to provide low-cost financing for businesses that use forest biomass and encourage private sector innovation. (4) Sustaining and expanding outdoor recreation on forestland, including both of the following: (A) Updating the Department of Parks and Recreation’s Statewide Comprehensive Outdoor Recreation Plan (SCORP). (B) Creating a joint strategy with the United States Forest Service to expand sustainable recreation across the state’s forested regions, emphasizing equitable access to underserved communities and rural recreation-dependent communities. (5) Protecting and expanding urban canopy and forestry, including a comprehensive program, with regional targets, to significantly increase California’s urban tree canopy, targeting disadvantaged and low-income communities and low-canopy areas. (6) Driving innovation and measuring progress in achieving these goals, including both of the following: (A) An applied research plan. (B) A forest data hub to serve as a multiple institutional clearinghouse for supporting, integrating, evaluating, and synthesizing reporting and monitoring efforts. (d) In developing the implementation strategy required by subdivision (a), the task force shall seek to coordinate and integrate the implementation strategy with the key goals and priorities of all of the following frameworks: (1) The Natural and Working Lands Climate Smart Strategy, the Pathways to 30x30 Document, and biodiversity strategies, all developed pursuant to Executive Order No. N-82-20. (2) The state’s climate adaptation strategy, known as the Safeguarding California Plan, adopted pursuant to Section 71153. (3) The 2022 scoping plan update, and subsequent updates, developed pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (4) Any other related natural resources policy frameworks. (e) (1) On or before January 1, 2023, and annually thereafter on or before March 1, until March 1, 2048, the task force shall submit, as part of the implementation strategy required pursuant to subdivision (a), a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the state’s “Wildfire and Forest Resilience Action Plan,” on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions. (2) (A) The annual report described in paragraph (1) shall also include information on the prior year’s acreage treatment goals, including treatment described in subparagraph (A) of paragraph (1) of subdivision (c), to (i) ensure compliance with the goals and (ii) assess annually additional resource requirements to achieve those goals. Metrics for reporting shall include total acres treated, type of treatment, level of risk for catastrophic fires within treated areas, statewide fire risk reduction, acres that received maintenance treatment, and resources expended for treatment, including resources expended for implementation and alignment of relevant permitting and regulatory requirements of the board, the department, the State Water Resources Control Board, the applicable regional water quality control boards, and the Department of Fish and Wildlife for fire prevention and forest resilience activities and barriers to treatment, if any. (B) Information contained in the report required pursuant to Section 4137 may be incorporated by reference, as applicable, to comply with the annual report required pursuant to this subdivision. (C) When establishing yearly treatment goals, described in subparagraph (A), the task force shall use the most advanced predictive tools to determine priority areas for treatment, with the goal of most effectively and efficiently reducing the overall fire risk to the state and achieving other goals outlined in this article. (3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report to the Legislature pursuant to this subdivision is inoperative on January 1, 2052. (f) On or before March 1, 2026, and every five years thereafter, the task force, or its successor entity, shall update the state’s “Wildfire and Forest Resilience Action Plan.” The Natural Resources Agency shall coordinate development of the update with the related state frameworks identified in subdivision (d), and with the phased development of the 20-year plan identified in the “Agreement for Shared Stewardship of California’s Forests and Rangelands” entered into between the state and the Pacific Southwest Region of the United States Forest Service. (g) The task force shall invite the participation of the United States Forest Service and other federal entities, as applicable, in the creation, alignment, and coordination of joint efforts pursuant to this section. (Amended by Stats. 2024, Ch. 72, Sec. 36. (SB 156) Effective July 2, 2024.)
  52. 4771.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. )

    Verify source ↗

    The task force must develop a strategic action plan by June 30, 2025, focused on expanding prescribed grazing and reducing wildfire risk.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 10. Protection of Forest and Lands [4671 - 4771.6] ( Chapter 10 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 11. California Wildfire and Forest Resilience Action Plan Goals [4770 - 4771.6] ( Article 11 added by Stats. 2021, Ch. 387, Sec. 2. ) ## 4771.6. (a) On or before June 30, 2025, the task force, in consultation with the Range Management Advisory Committee of the State Board of Forestry and Fire Protection, established pursuant to Section 741, shall develop a strategic action plan to expand the use of prescribed grazing to support the state’s efforts to increase the pace and scale of wildfire and forest resilience activities and strengthen the protection of communities and reduce their fire risk. (b) The plan shall include a focus on reducing wildfire risk in and near “fire-threatened communities,” as that term is defined in paragraph (2) of subdivision (b) of Section 4124.5. (c) The strategic action plan shall include a component on monitoring and evaluating the effectiveness of prescribed grazing on reducing wildfire risk, including near communities, and the impacts of prescribed grazing on forest and wildland health, promoting the diversity and abundance of native species, and decreasing the abundance of invasive species. (d) The task force shall consider incorporating prescribed grazing in the January 1, 2026, update to the state’s “Wildfire and Forest Resilience Action Plan.” (Added by Stats. 2024, Ch. 772, Sec. 3. (SB 675) Effective January 1, 2025.)
  53. 4781.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The provision states that the state has an interest in protecting and improving lands used for range or forage purposes, and says the article is intended to support controlled land clearance, revegetation, fire prevention, watershed protection, conservation, and preventing soil erosion.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4781. The people of the state have a direct interest in the protection and improvement of public and private lands which are principally used or useful for range or forage purposes for domestic livestock and wildlife. This article is enacted in furtherance of that interest to provide not only for controlled land clearance and revegetation of such lands but also having as its objective fire prevention and protection, watershed protection and conservation, and the prevention of soil erosion. (Added by Stats. 1965, Ch. 1144.)
  54. 4782.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department administers this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4782. This article shall be administered by the department. (Amended by Stats. 1976, Ch. 1300.)
  55. 4783.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may enter into contracts or cooperative agreements for controlled land clearance and revegetation, including burning brush, with eligible landowners or controllers in state responsibility areas.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4783. The department may enter into contracts or cooperative agreements with any person, firm, public or private corporation, district, or municipal corporation, or other political subdivision of the state, or any group or combination of them, that owns or controls brush-covered land within any state responsibility area for the purpose of engaging in controlled land clearance and revegetation, including the burning of brush from such lands, or portions of such lands, under the supervision of the department or by the department. (Amended by Stats. 1976, Ch. 1300.)
  56. 4784.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must carry out experimental land clearance and revegetation of range and forage lands, and must also do related research.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4784. In furtherance of such contracts and agreements, and also independently of them, the department shall engage in experimental land clearance and revegetation of such lands in the interests of protection and improvement of range and forage lands and shall also engage in such research in connection with it as will enable it to determine the value of such methods in relation to the several purposes and interests of the people of the state as set forth in this article. (Amended by Stats. 1976, Ch. 1300.)
  57. 4785.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department must periodically prepare reports about experiments, including data, findings, and conclusions, and submit them to the board.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4785. The department shall from time to time prepare reports setting forth data as to experiments conducted and the department’s findings and conclusions with reference to those experiments and submit these reports to the board for its guidance and assistance in determining the policy to be followed by the board with reference to range and forage lands. (Amended by Stats. 2013, Ch. 356, Sec. 12. (SB 96) Effective September 26, 2013.)
  58. 4786.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    When the department carries out certain experiments or supervises land clearance under this article, it must keep available enough fire crews and firefighting equipment to prevent fire spread, unless those resources are not needed to control wildfire.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4786. In making such experiments and in conducting or supervising land clearance pursuant to the agreements or contracts contemplated by this article, the department shall have available such fire crews and firefighting equipment as it deems reasonably necessary to prevent the spread of any fire from the area proposed to be cleared, if such equipment and fire crews are not needed for the control of wildfire. (Amended by Stats. 1976, Ch. 1300.)
  59. 4787.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may make regulations, but only with the board’s approval.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4787. The department, with the approval of the board, may make such regulations as are necessary to effectuate the purposes of this article. (Amended by Stats. 1976, Ch. 1300.)
  60. 4788.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    The department may accept money contributions from private sources to help carry out the powers and duties in this article.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 11. Range and Forage Lands [4781 - 4788] ( Chapter 11 added by Stats. 1965, Ch. 1144. ) ## ARTICLE 2. Land Protection and Improvement [4781 - 4788] ( Article 2 added by Stats. 1965, Ch. 1144. ) ## 4788. The department may accept contributions of money from any private source to carry out the powers and duties imposed upon it by this article. (Amended by Stats. 1976, Ch. 1300.)
  61. 4789.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the Forest and Rangeland Resources Assessment and Policy Act of 1977.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789. This chapter shall be known and may be cited as the Forest and Rangeland Resources Assessment and Policy Act of 1977. (Amended by Stats. 1984, Ch. 835, Sec. 2.)
  62. 4789.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The Legislature states findings about California forest resources and says they should be assessed to support forest resource policy.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.1. The Legislature finds and declares as follows: (a) The forest resources of California provide vitally important economic and environmental benefits to the people of California. (b) Demands on forest resources in California are expected to increase significantly in the next decades. (c) Forest resources in California are limited. (d) Better use of forest resources can result where there is good information as to anticipated needs and constraints and the potentials for meeting such needs consistent with Section 4513. (e) The necessary information is not now available and should be developed. (f) It is the intent of the Legislature to provide for the assessment of California’s forest resources in order to develop and implement forest resources policies for the state. (Added by renumbering Section 4801 by Stats. 1980, Ch. 676, Sec. 268.)
  63. 4789.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the chapter, including Board, Resources Planning Act, Assessment, Director, forest and rangeland resources, forest land, timberland, timber, and rangeland.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.2. As used in this chapter: (a) “Board” means the State Board of Forestry and Fire Protection. (b) “Resources Planning Act” means the Forest and Rangelands Renewable Resources Planning Act of 1974 (16 U.S.C. Secs. 1601 to 1610, incl.). (c) “Assessment” means the forest resource assessment and analysis developed pursuant to Section 4789.3. (d) “Director” means the Director of Forestry and Fire Protection. (e) “Forest and rangeland resources” means those uses and values associated with, attainable from, or closely tied to, forest and rangelands, including fish, range, recreation, timber, watershed, wilderness, and wildlife. (f) “Forest land” means timberland defined pursuant to subdivision (g), and other lands that have been withdrawn from timber production, such as units of the state park system, national parks, and wilderness areas. (g) “Timberland” means land on which is growing a significant stand of trees of commercial species, or potential commercial species, either in public or private ownership or that is generally capable of maintaining a stand of trees in perpetuity and not withdrawn or otherwise devoted to uses other than timber production. (h) “Timber” means wood fiber of commercial or potential commercial species growing on timberland as defined in subdivision (g). (i) “Rangeland” means land on which the existing vegetation, whether growing naturally or through management, is suitable for grazing or browsing of domestic livestock for at least a portion of the year. Rangeland includes any natural grasslands, savannas, shrublands (including chaparral), deserts, wetlands, and woodlands (including Eastside ponderosa pine, pinyon, juniper, and oak) which support a vegetative cover of native grasses, grasslike plants, forbs, shrubs, or naturalized species. (Amended by Stats. 1998, Ch. 972, Sec. 21. Effective January 1, 1999.)
  64. 4789.3.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The director must prepare and submit forest and rangeland resource assessments on a set schedule, with board guidance and agency consultation. The board may appoint advisory committees to help.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.3. (a) Under policy guidance from the board and in consultation with the Secretary of the Resources Agency, the director shall prepare and submit to the board and the Secretary of the Resources Agency, a preliminary forest and rangeland resource assessment and analysis not later than July 1, 1979, and shall present a full and updated assessment by January 1, 1987, and by January 1 of each fifth year thereafter. The assessment and analysis shall recognize distinct differences in ownership and management of forest and rangeland resources in California between the various public and the various private owners and shall include, but not be limited to, the following: (1) An assessment and analysis of the supply and availability of the various present and potential forest and rangeland resources of the state, including limits to those supplies imposed by natural site conditions, such as slope stability and erosion hazard, or by governmental restriction, such as special zoning. Among resource potentials to be evaluated are opportunities to accomplish any of the following: (A) Improve and rehabilitate the understocked timberland in California and to more fully utilize the productive potential for growing and harvesting timber. (B) Improve wood fiber utilization and wood product recycling. (C) Salvage trees infested with insects and diseases on timberland. (D) Improve the management of forest wildlife and wildlife habitat within the state. (E) Increase the quantity and quality of recreation available in the state. (F) Improve and rehabilitate rangeland areas within the state. (G) Increase the potential to use wood fiber from timberland as an economically viable source of fuel for energy production. (H) Improve the potential for rangeland forage for domestic livestock production. (2) An assessment and critique of federal policies with respect to rangeland and timberland. The assessment and critique shall include (A) as to timberlands, a review of the federal government’s national forest revenue sharing program administered pursuant to Section 500 of Title 16 of the United States Code, and (B) as to rangelands, a review of grazing fee charges and revenue sharing policies affecting national forest lands administered by the United States Department of Agriculture, Forest Service. The timber sale revenue sharing and grazing fee policies of the Department of the Interior shall also be reviewed. In conducting the review, the director shall consult with the State Board of Equalization, and with local governments and school districts affected by the federal government’s revenue sharing programs. (3) An analysis of present and anticipated demand for various forest and rangeland resources in the state. (4) A description and evaluation of current state programs and responsibilities in cooperative state-federal forest and rangeland resource programs, and management of state and local public forest, range, and related lands. (5) A discussion of important policy considerations, laws, regulations, management responsibilities, and other factors expected to influence and significantly affect the use, ownership, and management of forest and rangeland resources. (6) When assessing various resource potentials which could be obtained from forest lands and rangeland, the director shall include an evaluation of probable direct and indirect economic and environmental benefits and costs, including opportunity costs, associated with realizing those potentials. (b) In preparing the assessment, the director, under policy guidance of the board, shall solicit the cooperation of, and information collected by, public and private organizations, federal forest and rangeland resource agencies, state agencies concerned with forest and rangeland resources, county planning and taxation agencies, and state-supported forest and rangeland resource research agencies. (c) For the purpose of assisting the director and the board in preparing the assessment and its revisions, the board may appoint advisory committees it deems necessary. The committees shall consist of individuals with expertise in forest and rangeland resource fields, with particular emphasis on survey and program analysis, and shall include representatives of state agencies concerned with the use of forest and rangeland resources. (d) In preparation of the assessment, the director shall do all of the following: (1) Analyze the need to develop and maintain an effective system for the collection, analysis, and display of that data in forms that contribute to the achievement of the purposes of this chapter. (2) Identify high-priority needs for completing the data base and analytical framework essential to improving the quality of future assessments. (3) Evaluate the accuracy and completeness of existing data and of steps needed to improve the accuracy and completeness of data for future assessments. (Amended by Stats. 1985, Ch. 352, Sec. 1.)
  65. 4789.4.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The board must prepare a forest resource policy statement after reviewing the assessment and following the referenced sections.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.4. (a) Based on a review of the assessment prepared pursuant to Section 4789.3, and consistent with Sections 740 and 4513, the board shall prepare a forest resource policy statement. (b) Such policy statement shall recognize distinct differences between the various public and various private owners of forest resources in the state and should include, insofar as is possible, the following: (1) A delineation of specific needs and opportunities for promoting both public and private forest resource management programs in California. (2) A discussion of priorities for accomplishment of program opportunities, with specified costs, results, and possible constraints on implementation. (3) An analysis of the relation of the alternative forest resource policies to employment opportunities in California. (Added by renumbering Section 4804 by Stats. 1980, Ch. 676, Sec. 271.)
  66. 4789.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The board must hold public hearings on the assessment and the proposed policy statement.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.5. The board shall hold public hearings on the assessment and the proposed policy statement prepared pursuant to Sections 4789.3 and 4789.4. (Added by renumbering Section 4805 by Stats. 1980, Ch. 676, Sec. 272.)
  67. 4789.6.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The board must every two years determine forest management research needs and recommend projects to the Governor and Legislature. The director may prepare a forest resource information program and must review existing systems and develop a monitoring system, subject to budget and board guidance.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.6. (a) The board, assisted by the director, shall biennially determine state needs for forest management research and recommend the conduct of needed projects to the Governor and the Legislature. (b) To facilitate reporting and updating the assessment pursuant to Section 4789.3, the director, under guidance by the board, may prepare and implement a forest resource management information storage and retrieval program regarding forest land conditions in the state. Such program shall be coordinated and integrated to the maximum extent practicable with data storage and retrieval programs of other state and federal agencies and institutions. The director shall review existing forest resource management storage, retrieval, and analysis systems in the institutions of higher learning in this state, and insofar as the board deems desirable, may utilize such systems as a model for the state program established pursuant to this section. (c) The director shall, as budgetary resources permit, develop a cost-effective and statistically valid system to periodically monitor the extent to which timberland is, or is becoming, less available for the growing and harvesting of timber due to zoning, onsite development, adjacent land uses, ownership patterns, parcel size, or any other factors. (Amended by Stats. 1982, Ch. 1489, Sec. 33.)
  68. 4789.7.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. )

    Verify source ↗

    The director must send the assessment and updates to federal agencies managing public land in the state, and the board and director must cooperate with the USDA and other federal agencies on surveys and analyses.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 12. Forest and Rangeland Resources Assessment and Policy Act of 1977 [4789 - 4789.7] ( Heading of Chapter 12 repealed (by Sec. 5) and added by Stats. 1984, Ch. 835, Sec. 1. ) ## 4789.7. (a) The director shall convey the assessment and its updates to federal agencies charged with managing public land within the state. (b) To assure the availability and compatibility of data and scientific information needed for development and implementation of the assessment, the board and the director shall cooperate with the United States Department of Agriculture in conducting surveys and analyses as provided for in the Resources Planning Act and with other federal agencies as provided by federal law. (Added by renumbering Section 4807 by Stats. 1980, Ch. 676, Sec. 274.)
  69. 4790.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The Legislature declares that forest resource improvements serve a public purpose and support timber supply, environmental protection, employment, and energy-related uses.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4790. The Legislature finds and declares that: (a) Forest lands, while often managed to produce wood fiber for building materials and paper manufacture, also provide public benefits, including employment opportunities in both rural and urban areas, renewable energy, protection and enhancement of air, water, and soil resources, fish and wildlife habitat, and opportunities for aesthetic and recreational enjoyment. (b) Historically, substantial areas of forest land were not reforested or otherwise managed for optimum production of forest resources following harvest operations, wildfires, unsuccessful attempts to clear the land for other uses, or damage by insects, disease, or other natural catastrophes. As a result, an estimated five million acres of public and private forest land in the state are producing substantially less forest resources than their potential. These areas are inadequately stocked with trees or are occupied by damaged or diseased trees or species of less value for sawtimber and other forest products. Some lands also have suffered from or are threatened with depletion by soil erosion. Water quality and quantity has suffered and fish habitats have also been adversely affected. In areas where forest regeneration has occurred, the present forest stand would often produce significantly greater timber supplies if thinning or other forest improvement investments were made. (c) Future demand for timber supplies and other demands for forest resources are likely to rise substantially. Future supplies of these renewable resources are presently estimated to decline for a period and then to recover, but at a rate significantly slower than the rate of increase in demand. (d) Wood waste products and tree or shrub species not normally utilized to produce building materials can provide opportunities for an alternative means to generate electrical energy or could be converted to solid, gaseous, or liquid fuels for transport or industrial use. Future supplies of wood products not usable for building materials, and, therefore potentially available for energy production, will be increased if forest resource improvements are made. (e) The forest efficiently captures and stores solar energy. Wood products can be produced with a significantly lower energy cost than most competing substitutes. This disparity is likely to increase in the future. (f) A relatively small amount of forest land is currently being reforested, other than pursuant to the stocking requirements of the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2) applicable following timber harvesting. Obstacles to private investments in reforesting or improving forest lands include: the extraordinarily long time required for such investments to produce income; the risk of loss due to fire, insect, or disease; lack of necessary forestry expertise or knowledge of the potential benefits of improved forest resource management; the difficulty of transferring capital invested in forest resource improvements to other investment opportunities or otherwise using the funds for other needs once the initial investment has been made; and the fact that some forest resource investments, including erosion control measures, may not produce any income recognizable to the landowner. (g) Over one-half of the privately owned, commercial forest land in the state is owned by nonindustrial landowners. Forest resources that can be provided by these lands will be increasingly important in the future. Yet the owners of these lands often lack forestry expertise, economic incentive, or capital needed to make investments to increase present and future availability of forest resource benefits from their lands. (h) Investments in public and private forest land are essential if adequate future timber supplies are to be available and if the forest resource system of soil, air, water, and vegetative and animal life is to be maintained in a productive condition for the future. These investments will also lessen fire hazards and improve watershed protection following catastrophic destruction of forests and other vegetative cover by fire, wind, flood, insects, disease, and other causes. (i) Failure to make the necessary investments will lead to higher prices for increasingly scarce forest products, lower rural and urban employment in the forest products and related industries and businesses, and the loss or diminished value of soils and other forest resources. (j) Forest resource improvements made pursuant to this chapter serve a public purpose and will promote the health, welfare, and economic security of the citizens of the state. (Amended by Stats. 2000, Ch. 409, Sec. 1. Effective January 1, 2001.)
  70. 4790.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    The state generally may not claim rights in land, trees, or vegetation used in a forest resource improvement project, unless this chapter specifically allows it. The director must encourage use of private forest-related goods and services when carrying out the chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4790.5. The Legislature further declares that, except as specifically provided in this chapter the state shall not claim any right, title, or interest in the land, trees, or other vegetation which are the subject of a forest resource improvement project undertaken pursuant to this chapter. When carrying out this chapter, the director shall encourage the use of goods and services available through private forest nurseries, reforestation contractors, private forest consultants, or others in the business of undertaking forest resource improvement work. (Added by Stats. 1978, Ch. 1181.)
  71. 47901.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. The Integrated Waste Management Fund [47901 - 47902] ( Heading of Article 1 amended by Stats. 1992, Ch. 1293, Sec. 27. )

    Verify source ↗

    The board must deposit received revenues into the proper fund account, and certain remaining funds and expenditures must be transferred to the Integrated Waste Management Account.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. The Integrated Waste Management Fund [47901 - 47902] ( Heading of Article 1 amended by Stats. 1992, Ch. 1293, Sec. 27. ) ## 47901. (a) All revenues received by the board shall be deposited in the specified account in the fund. Any revenue received by the board for which no account is specified shall be deposited in the Integrated Waste Management Account created by Section 48001 in the fund. The board may establish or modify other subaccounts in the account, as appropriate and necessary for proper administration. (b) Any funds remaining in the Solid Waste Disposal Site Cleanup and Maintenance Account in the Integrated Waste Management Fund shall be transferred to the Integrated Waste Management Account in the Integrated Waste Management Fund, consistent with Section 16346 of the Government Code. (c) Any expenditures charged to the Solid Waste Disposal Site Cleanup and Maintenance Account in the fund shall be transferred to the Integrated Waste Management Account. (Amended by Stats. 1993, Ch. 656, Sec. 38. Effective October 1, 1993.)
  72. 47902.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. The Integrated Waste Management Fund [47901 - 47902] ( Heading of Article 1 amended by Stats. 1992, Ch. 1293, Sec. 27. )

    Verify source ↗

    Interest and other investment gains earned on revenues in an account in the Integrated Waste Management Fund must be deposited back into that account.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 1. The Integrated Waste Management Fund [47901 - 47902] ( Heading of Article 1 amended by Stats. 1992, Ch. 1293, Sec. 27. ) ## 47902. Notwithstanding Section 16475 of the Government Code, all interest earned and other increment derived from the investment of revenues in an account in the Integrated Waste Management Fund shall be deposited in that account. (Amended by Stats. 1992, Ch. 1293, Sec. 29. Effective January 1, 1993.)
  73. 4791.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    This chapter is intended to encourage investment in forest lands and resources and to improve forest management, especially timber productivity.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4791. The purpose of this chapter is to encourage private and public investments in, and an improved management of, forest lands and resources within the state to ensure adequate future high quality timber supplies, related employment and other economic benefits, and the protection, maintenance, and enhancement of a productive and stable forest resource system for the benefit of present and future generations. The primary emphasis of the program established by this chapter shall be upon improving the timber productivity of forest lands in the state; provided, that consistent with this primary goal, the program shall also be managed to improve all forest resources, such as fish and wildlife habitat and soil resources, so that the overall effect of the program is to improve the total forest resource system. (Amended by Stats. 1980, Ch. 676, Sec. 266.)
  74. 4792.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    The department may enter agreements, make loans, and support forest resource improvement programs; the director must cooperate with other private and public entities when carrying out this part.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4792. In furtherance of the purposes of this chapter, the department is authorized to enter into agreements and make loans and otherwise carry out the purposes of this chapter. The forestry assistance program conducted by the department shall encourage forest resource improvements and otherwise facilitate good forest land management through a program of financial, technical, and educational assistance, as well as through applied research. The purpose of this program shall be to work cooperatively with private landowners, particularly smaller nonindustrial landowners, to upgrade the management of their lands, and, therefore, improve both the productivity of the land and the degree of protection and enhancement of the forest resource system as a whole. The department is further authorized to encourage and cooperate with efforts by the forestry industry and federal government to improve the management of forest lands within the state, particularly lands owned by nonindustrial owners, through advisory services or other actions. The director shall work cooperatively with other private and public entities and persons, including tree nursery operators, when carrying out this part. (Amended by Stats. 2000, Ch. 409, Sec. 2. Effective January 1, 2001.)
  75. 4793.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    This section mainly defines terms used in the chapter on forest resources.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4793. As used in this chapter: (a) “A county with high unemployment” means a county with an annual unemployment rate, as reported by the Employment Development Department, higher than the mean annual unemployment rate of “rate adjustment counties” as defined pursuant to the Timber Yield Tax Law (Part 18.5 (commencing with Section 38101) of Division 2 of the Revenue and Taxation Code). (b) “Eligible landowner” means any person who meets the conditions set forth in Sections 4797 and 4799. Where ownership of forest land and timber is not held by the same person, “landowner” means either the person or persons owning the land or the person or persons owning the timber. (c) “Fish and wildlife habitat improvements” means measures designed to protect, maintain, or enhance fish and wildlife habitat including, but not limited to, stream clearance, reestablishment of desirable vegetation along stream channels and elsewhere, measures to encourage habitat diversity, restoration of anadromous fisheries, and forest road repair and upgrading that protect, maintain, or enhance fish and wildlife habitat. (d) “Followup work” means forest resource improvement work necessary to promote the survival of seed or seedlings planted, or protection or enhancement of other work undertaken, as part of a prior forest resource improvement project pursuant to this chapter. (e) “Forest land” means land at least 10 percent occupied by trees of any size that are native to California, including native oaks, or formerly having had that tree cover and not currently zoned for uses incompatible with forest resource management. (f) “Forest land conservation measures” means measures designed to protect, maintain, or enhance the forest resource system, including soil and watershed values, diversity of forest species, and protection of a forest stand from fire. These measures include thinning, shaded fuel breaks, and other land treatments or forest resource improvement projects consistent with Section 4794. (g) “Forest land with demonstrated potential for improved forest resource management” means forest land that could produce significantly greater forest resource benefits if forest resource improvement work was carried out and that is not managed for uses incompatible with forest resource management. (h) “Forest resources” means those uses and values associated with forest land, including fish, forage, recreation and aesthetics, soils, timber, watershed, wilderness, and wildlife. (i) “Forest resource system” means the interdependent system of air, water, solar energy, and forest resources, as defined by subdivision (h). (j) “Forest resource improvement work” means the forest resource improvement measures enumerated in Section 4794 for which assistance is authorized pursuant to this chapter. (k) “Forest resource improvement project” means a project undertaken pursuant to Section 4795 or a loan made pursuant to Section 4796. (l) “Management plan” means a long-term forest and land management plan submitted to the director pursuant to Section 4799. (m) “Person” includes: (1) Any private individual, organization, partnership, limited liability company, or corporation. (2) Except for the purposes of Section 4795 and subdivision (a) of Section 4796, any city, county, or district. (n) “Prevailing rate” means the average annual rate earned by the state on moneys deposited in the Pooled Money Investment Account in the General Fund. (o) “Reforestation” means planting of tree seedlings, cuttings, or seed. (p) “Restocked” means stocking to the degree required by the Z’berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2. (q) “Small business entity” means a business enterprise, including a landowner, with five hundred thousand dollars ($500,000) or less annual gross revenue. (r) “Smaller nonindustrial landowners” means owners of 5,000 acres or less of forest land. (s) “Uses incompatible with forest resource management” means uses not listed in subdivision (h) of Section 51104 or Section 51111 of the Government Code by the city or county in which the parcel subject to a forest resource improvement project lies. (t) “Young growth stand improvement” means precommercial thinning or weeding of young growth stands to provide more growing space and release of young trees from competing vegetation. (Amended by Stats. 2000, Ch. 409, Sec. 3. Effective January 1, 2001.)
  76. 4794.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director may enter agreements and make loans for specified forest resource improvement purposes, and must prepare guidelines for the board to review and approve. Certain post-harvest projects are not eligible unless they meet listed exceptions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes: (1) Preparation of management plans for forest land. (2) Site preparation. (3) Planting and costs of seeds and seedlings. (4) Young growth stand improvement. (5) Forest land conservation measures. (6) Fish and wildlife habitat improvement. (7) Followup work. Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter. (b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796. (c) Projects for forest resource improvement subsequent to harvesting subject to the Z’berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur: (1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes. (2) The work to be undertaken is not otherwise required to be carried out pursuant to the Z’berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2. (Amended by Stats. 2000, Ch. 409, Sec. 4. Effective January 1, 2001.)
  77. 4795.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director may make cost-sharing agreements with eligible landowners for forest resource improvement work, and may pay part of the cost, including in advance if the landowner agrees in writing to the work and lien conditions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4795. (a) The director may enter into agreements with eligible landowners pursuant to which the landowner will undertake forest resource improvement work in return for an agreement by the director to share the cost of carrying out the work. The director is authorized to share up to 90 percent of the lesser of either: (1) The landowner’s actual cost per acre to accomplish the work. (2) The prevailing per acre cost as determined by the director pursuant to Section 4799.02. (b) (1) The director may provide the funds for the director’s share of the costs, as described in subdivision (a), in advance of any work performed if the eligible landowner agrees in writing to undertake the forest resource improvement work and agrees to the condition that funds provided for any uncompleted work shall constitute grounds for a claim and lien upon the real property owned by the landowner that is subject to this section. Any such lien shall attach to the property regardless of whether the responsible party is insolvent. A lien established pursuant to this subdivision shall be subject to notice and hearing procedures required by due process of the law. (2) A lien authorized under this subdivision shall continue in effect until the liability for repayment of funds, or a judgment against the responsible party, is satisfied. However, if it is determined by the court that the judgment against the responsible party will not be satisfied, the department may exercise its rights under the lien. (3) A lien imposed pursuant to this subdivision shall have the force and effect of, and the same priority as, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record, as shown on the latest assessor’s property tax assessment roll. (4) All funds recovered pursuant to this subdivision shall be deposited in the Timber Regulation and Forest Restoration Fund established pursuant to Section 4629.3. (c) The director shall prepare a schedule of cost share percentages applicable to agreements undertaken pursuant to this section. Required landowner cost share contributions may be made in the form of materials, services, or equipment as well as funds. The cost share percentage schedule shall set forth the percentage of required landowner’s project cost share for various categories of forest resource improvement projects. The percentage of cost sharing required of the landowner may be decreased if the ownership contains less than 500 acres. (d) The percentage of cost sharing required of the landowner may also be decreased to the extent that any of the following applies: (1) The project or other actions of the landowner would increase recreational opportunities for the public. (2) The project would provide relatively more employment opportunities than other proposed projects. (3) Forest land conservation measures or fish or wildlife habitat improvements are included in the project. (e) Consistent with the criteria set forth in subdivisions (c) and (d), the director shall submit a schedule further specifying cost share percentages to the board for its review. The schedule shall apply to all agreements made pursuant to this section unless the board acts to change the schedule within 75 days of its submission by the director. (Amended by Stats. 2019, Ch. 497, Sec. 220. (AB 991) Effective January 1, 2020.)
  78. 4795.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    A qualifying forest landowner may apply each year for a grant equal to 50% of the interest due, but only if the landowner meets the land-status requirements and files the required proof with the director.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4795.5. A forest landowner who has entered into an undue hardship agreement with the Controller for the payment of inheritance taxes pursuant to Section 14143.5 of the Revenue and Taxation Code may apply annually to the director for a grant in the amount of 50 percent of the interest due on the annual installment paid in the current calendar year. To be eligible for such a grant the forest landowner must show that his or her forest land is subject to either: (a) The provisions of a timberland production zone, pursuant to Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code; provided, that no petition is under consideration while the grant is being administered for rezoning pursuant to Section 51120 of the Government Code or immediate rezoning pursuant to Section 51130 of the Government Code. (b) A contract pursuant to paragraph (2) of subdivision (e) of Section 4797. The annual installment must be paid on or before the anniversary date of the first installment payment, or the eligible landowner shall be disqualified from receiving a grant pursuant to this section. The eligible landowner shall apply to the director subsequent to the current calendar year, in such form as the director may prescribe, and shall include proof of agreement with the Controller pursuant to Section 14143.5 of the Revenue and Taxation Code, proof of payment of the current calendar year’s annual installment of inheritance taxes, and the amount of the installment payment which constituted interest. An eligible landowner who meets the requirements of this subdivision shall be deemed as having submitted an approved application. Within 60 days after receipt of an approved application, the director shall send to the eligible landowner by certified mail a check in the appropriate amount. (Amended by Stats. 1982, Ch. 1489, Sec. 34.)
  79. 4796.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director may make forest resource improvement loans, and must set reasonable loan terms and record the securing mortgage or deed of trust.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4796. (a) The director may make the following types of loans relating to forest resource improvement projects: (1) The director may make loans for forest resource improvement work to cover all or part of a smaller nonindustrial landowner’s cost share payment required pursuant to Section 4795. The director shall establish reasonable terms relating to the length of, and the interest rate for, a loan made pursuant to this subdivision. In order to secure repayment of the loan, the forest resource improvement loans shall be secured by a mortgage or deed of trust upon the parcel of land to which the forest improvement project applies. The director shall record the mortgage or deed of trust in the office of the county recorder in the county in which the real property subject to the resource improvement loan is located. (2) (A) The director may make loans for forest resource improvement work to landowners eligible pursuant to the provisions of subdivision (d) of Section 4797 for up to 100 percent of the lesser of either: (i) The landowner’s actual cost per acre to accomplish the work. (ii) The prevailing cost per acre as determined by the director pursuant to Section 4799.02. (B) A loan made pursuant to this subdivision may be made for a term not exceeding 20 years and shall bear interest at the prevailing rate. In order to secure repayment of the loan, the forest resource improvement loans shall be secured by a mortgage or deed of trust upon the parcel of land to which the forest improvement project applies. The director shall record the mortgage or deed of trust in the office of the county recorder in the county in which the real property subject to the resource improvement loan is located. (b) Any loan made pursuant to this section may be paid prior to the maturity date set forth in the loan agreement without an interest penalty being charged to the landowner. (c) Payment of all or part of the principal and interest due under loans made pursuant to this chapter shall not be required upon a finding by the board that the parcel to which a forest resource improvement project applies, and that is subject to a loan, satisfies both of the following conditions: (1) The parcel has been substantially damaged by fire, flood, insects, disease, or other natural causes. (2) The damage was not caused by the negligence or willful act of the landowner. (Amended by Stats. 2019, Ch. 497, Sec. 221. (AB 991) Effective January 1, 2020.)
  80. 4797.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    This section sets eligibility conditions for participation in certain forest resource agreements or loans and requires the director to record a qualifying land-use contract.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4797. To be eligible for participation in an agreement pursuant to Section 4795 or loan pursuant to Section 4796, the following conditions must be met: (a) The application requirements of Section 4799 are satisfied. (b) The landowner is a person owning forest land. Where the land is owned jointly by more than one individual, group, association, or corporation, as joint tenants, tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this chapter, as one eligible landowner. (c) With respect to cost-sharing agreements made pursuant to Section 4795 or loans made pursuant to subdivision (a) of Section 4796, the amount of forest land in the state within the ownership of the landowner is 5,000 acres or less. (d) With respect to loans made pursuant to subdivision (b) of Section 4796, the acreage of the parcel to which the proposed forest resource improvement project applies, together with the acreage included in any other such project subject to an agreement or loan executed or made pursuant to this chapter during the same fiscal year, does not exceed 500 acres; provided, that this limit shall not apply to forest resource improvement projects on lands that have been substantially damaged by fire, flood, insects, disease, or other natural causes within 36 months of submission of an application pursuant to this chapter. (e) The parcel of forest land to which the forest resource improvement project applies is either: (1) Within a timber preserve zone established pursuant to the provisions of Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code; provided, that the parcel of forest land is not the subject of an application for rezoning or immediate rezoning pursuant to Section 51120 or 51130 of the Government Code. (2) Subject to a contract signed by the landowner providing that the owner agrees not to develop the land for uses incompatible with forest resource management within 10 years following execution of an agreement pursuant to Section 4795 or the making of a loan pursuant to Section 4796. The director shall record the contract in the office of the county recorder in the county in which such parcel of land is located and, upon recordation, the contract shall be binding upon any person to whom such parcel of land is sold, assigned, devised, or otherwise transferred by agreement or operation of law. (Added by Stats. 1978, Ch. 1181.)
  81. 4797.5.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    If certain rezoning actions or contract violations occur, advanced cost-share payments must be refunded and loans become immediately due; if the landowner does not refund, the director may place a lien and must record it.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4797.5. (a) Any cost share payments advanced pursuant to Section 4795 shall be refunded to the director in the event of either: (1) The filing of an application for rezoning or immediate rezoning pursuant to Section 51120 or 51130 of the Government Code within 10 years of the date an agreement was signed pursuant to Section 4795. (2) A violation of the contract entered into pursuant to subdivision (e) of Section 4797. The refund shall bear interest at the prevailing rate from the time of the violation as specified in clause (1) or (2) of this subdivision. (b) Any loan made pursuant to Section 4796 shall immediately become due and payable in the event of either: (1) The filing of an application for rezoning or immediate rezoning pursuant to Section 51120 or 51130 of the Government Code within 10 years of the making of a loan pursuant to Section 4796. (2) A violation of the contract entered into pursuant to subdivision (f) of Section 4797. The refund shall bear interest at the prevailing rate from the time of the violation as specified in clause (1) or (2) of this subdivision. (c) Upon failure by the landowner to refund such payments or loans, the director may place a lien upon the parcel of property to which a forest resource improvement project applied. The director shall record such lien at the appropriate county office. (Added by Stats. 1978, Ch. 1181.)
  82. 4798.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    This section allows certain forest resource improvement cost-share payments or loans even when federal assistance is also involved, but they cannot be used to satisfy federal cost-share requirements or repay federal loans.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4798. Cost share payments or loans pursuant to this chapter may be made for forest resource improvement work which is also the subject of payments or other assistance provided pursuant to federal law; provided, that payments or loans may not be made pursuant to this chapter to satisfy landowner cost share requirements of, or repay loans received pursuant to federal law; and provided, further, that the combined state and federal payments, and any required landowner cost share payments, do not together exceed the amount of the actual cost to the landowner or the prevailing cost per acre as determined by the director pursuant to Section 4801, whichever is less. (Added by Stats. 1978, Ch. 1181.)
  83. 4799.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    To qualify for certain agreements or loans, a landowner must submit and maintain a director-approved forest management plan, file the required project application, and agree to follow applicable laws and conservation guidelines.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799. In addition to the requirements of Section 4797, to be eligible to participate in agreements pursuant to Section 4795, or receive loans pursuant to Section 4796, the landowner shall do all of the following: (a) Submit a long-term forest and land management plan for approval by the director. In the event that the proposed project includes preparation of the management plan, the plan need not be completed at the time of application; provided, that no other forest resource improvement project on forest lands within the same ownership not covered by a management plan may be approved by the director until the management plan has been approved pursuant to this subdivision. The plan shall cover all forest lands within the same ownership which include or are contiguous to the parcel to which a proposed forest resource improvement project applies. The plan shall set forth an analysis of forest land conditions and capabilities, including its original forest type if determinable. The plan shall describe the landowner’s management objectives and shall provide for the eventual harvest of sawtimber within a reasonable period of time, as determined by the preparer of the plan. The plan shall also describe the forest resource improvement work and other measures necessary to do all of the following: (1) Protect, maintain, and enhance the forest resource system. (2) Prevent or mitigate erosion, deterioration of soil resources, and pollution by natural and manmade causes. (3) Optimize the timber growth potential of the land consistent with maintaining the productivity of related forest resources now and in the future. The plan shall be prepared or approved as to content by a registered professional forester. Such a plan, when approved by the director, shall fulfill the requirements of paragraph (2) of subdivision (c) of Section 51113 of the Government Code. Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines specifying the factors to be considered and information which should be included in management plans submitted pursuant to this section. (b) Submit a project application in the form prescribed by the director containing such information as the director deems necessary to evaluate the proposed forest resource improvement project. (c) Agree to comply with state or federal laws applicable to the work carried out pursuant to the proposed forest resource improvement project. (d) Agree to comply with such forest land conservation measures and fish and wildlife habitat protection guidelines as may be set forth as part of the cost-sharing agreement or loan agreement executed pursuant to Section 4795 or 4796. Such measures shall be designed to insure that work carried out pursuant to such agreements is conducted in a manner to protect, enhance, and maintain the forest resource system to the greatest degree feasible. In the event that required land conservation measures or fish and wildlife habitat protection guidelines are not followed and significant damage to the forest resources occurs as a result, the director may take corrective action in accordance with the procedures of Sections 4607, 4608, 4609, 4610, and 4611. (Added by Stats. 1978, Ch. 1181.)
  84. 4799.01.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director must choose forest resource improvement projects that are judged to provide the greatest public benefit, and the board must review the director’s guidelines.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799.01. (a) When allocating available funds among projects proposed pursuant to this chapter, the director shall select those projects that, in the judgment of the director, produce the greatest public benefit, giving consideration to both of the following factors: (1) The need for and potential benefits of forest resource establishment or improvement were the project to be undertaken. (2) The need for and potential benefits to long-term production, maintenance, and enhancement of the forest resource system resulting from forest land conservation measures, fish and wildlife habitat improvements, or other work. (b) The director shall give increased preference to projects to the extent that the project applies to forest land that has been substantially damaged by fire, flood, insects, disease, or other natural causes within 36 months of submission of an application pursuant to this chapter. (c) The director shall also give preference to projects to the extent that each of the following factors are present: (1) The project involves a substantial amount of followup work. (2) The project or other actions of the landowner would increase recreational opportunities for the public. (3) The forest land to which the project applies is equivalent to site quality III or better. (4) The project would provide relatively more employment opportunities than other proposed projects. (5) The project is located in a county with high unemployment. (6) A small business entity will carry out the proposed project. (d) Consistent with the criteria set forth in subdivisions (a), (b), and (c), the director shall prepare and submit to the board proposed guidelines further specifying the criteria for evaluation and approval of forest resource improvement projects. The board shall review, approve, or amend the guidelines that the director shall follow when carrying out this chapter. (e) The director shall establish, in consultation with interested persons or agencies and with the review and approval of the board, procedures for the review of proposed forest resource improvement projects. Those procedures shall insure that department specialists and other specialists in the areas of water quality, erosion control, and fish and wildlife protection are integrated into the review of proposed forest resource improvement projects. (f) No allocation of funds pursuant to this chapter shall, in any fiscal year, exceed the total amount expended during the 1999–2000 fiscal year until the completion, review, and final approval by the board of an updated management plan for the Jackson Demonstration State Forest that complies with applicable state and federal law. (Amended by Stats. 2000, Ch. 409, Sec. 5. Effective January 1, 2001.)
  85. 4799.02.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director may issue regulations, guidelines, or publications for this chapter and the program it authorizes.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799.02. To carry out the provisions of this chapter and to facilitate participation in the program authorized by this chapter, the director may promulgate such regulations, guidelines, or publications as the director deems appropriate. Such regulations, guidelines, or publications shall be submitted to the board for review or approval when required by this chapter and, even if not required, when deemed appropriate by the director for his or her guidance. Regulations, guidelines, or publications shall specify: (a) The scope of forest resource improvement work, as described by Section 4794, for which agreements may be entered into or loans made pursuant to Section 4795 or 4796. (b) The prevailing cost of performing various types and methods of forest resource improvement work under various site conditions throughout the forest land of the state, as required by Sections 4795 and 4796. (c) Cost share percentage schedules as required by Section 4795. (d) Procedures to be followed in the event of a violation of a cost-sharing or loan agreement pursuant to Section 4795 or 4796 or default of payment of loan principal or interest pursuant to Section 4796. (e) Consistent with subdivision (g) of Section 4793, criteria to determine forest lands which have demonstrated potential for improved forest resource management and may, therefore, be eligible for forest resource improvement projects under the provisions of paragraph (2) of subdivision (e) of Section 4797. (f) Factors to be considered and information which should be included in management plans submitted pursuant to Section 4799. (g) A standard application form for forest resource improvement projects submitted under Section 4795 or 4796. (h) Forest land conservation measures and fish and wildlife habitat protection guidelines to be followed in the performance of forest resource improvement projects work as provided by Section 4799. (i) Guidelines for evaluation and approval of proposed forest resource improvement projects as required by subdivision (d) of Section 4799.01. (j) Procedures for the review by the director and interested persons or agencies of proposed forest resource improvement projects pursuant to subdivision (e) of Section 4799.01. (k) Such other matters as the director deems necessary for the effective administration of the provisions of this chapter. (Added by Stats. 1978, Ch. 1181.)
  86. 4799.03.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The director must cooperate with public agencies and others to promote forest resource improvement work, training, and volunteer opportunities, and may enter cooperative agreements and provide assistance for that purpose.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799.03. (a) The director shall work cooperatively with other public agencies of local, state, and federal government to encourage such agencies to undertake forest resource improvement work and otherwise accomplish the purposes of this chapter. The director is authorized to enter into contracts or cooperative agreements with such agencies to provide: (1) Technical assistance. (2) Necessary supervisorial personnel. (3) Tree seed, tree cuttings, or seedlings. (4) Necessary equipment. (5) Such other assistance as may be necessary and appropriate to accomplish the purposes of this chapter. (b) In carrying out the provisions of this chapter, the director shall cooperate with the Employment Development Department, the California Conservation Corps, the Cooperative Extension, resource conservation districts, industry, and other interested agencies or persons for the purpose of training needed workers and facilitating wherever feasible the creation of forest resources improvement work opportunities. The department or other state agencies are authorized to utilize state lands for the purposes of carrying out needed training pursuant to this subdivision. (c) The director shall also endeavor to work cooperatively with other persons and public agencies to provide opportunities for voluntary, unpaid forest resources improvement work by persons who may be interested in volunteering for such work. (Added by Stats. 1978, Ch. 1181.)
  87. 4799.04.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    The department is authorized to take several actions to support forest resource improvement, including obtaining seed, contracting for seedlings, providing technical assistance, accepting donations, and waiving cost-sharing in some cases.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799.04. To effectuate the purposes of this chapter, the department is authorized to: (a) Collect or contract for adequate supplies of high-quality seed and take whatever steps are necessary to insure to the maximum degree feasible that seeds or seedlings planted as part of forest resource improvement projects undertaken pursuant to this chapter are adapted to the planting site and measures are taken to assure appropriate diversity of forest species. (b) Contract for seedling production and, in cooperation with other state, local, and federal agencies, encourage the production of seedlings needed to accomplish reforestation in the state by small business entities in or near areas where planting will be carried out. (c) Provide technical assistance to private seedling nurseries and conduct a program for certification of the quality and adaptability of seeds and tree seedlings supplied for forest resource improvement projects undertaken pursuant to this chapter. (d) Increase availability of genetically improved seed and planting stock by expansion of seed orchards or other recognized tree improvement techniques. (e) In cooperation with other public and private entities or persons: (1) Conduct necessary research and take other appropriate measures to protect the genetic integrity and diversity of forest tree species, including, but not limited to, a seed depository. (2) Conduct research and make grants or enter into contracts or cooperative agreements with public and private entities or persons concerning measures to increase the contribution of trees to improve the natural environment and economy of the state and measures to otherwise accomplish the purposes of this chapter. (f) Purchase necessary equipment or materials and, in accordance with the State Civil Service Act (commencing with Section 18570 of the Government Code), appoint such deputies, officers, and other employees as may be necessary. (g) In cooperation with other public and private entities and persons, establish such training and educational programs as may be appropriate to increase the number of workers with necessary skills to carry out seed collection, seedling production, and forest resource improvement projects. (h) To accept grants and donations of equipment, seedlings, materials, or funds from any source for the purpose of supporting or facilitating forest resource improvement work undertaken pursuant to the provisions of this chapter. Any funds received shall be deposited by the director in the Forest Resource Improvement Fund established pursuant to Chapter 3 (commencing with Section 4799.13) of this part. No federal funds received as part of the American Recovery and Reinvestment Act (Public Law 111- 5) shall be deposited into the Forest Resources Improvement Fund. (i) Waive the landowner cost sharing requirements of this chapter if the funding source for the authorized forest improvement work prohibits cost sharing requirements. (Amended by Stats. 2009, 4th Ex. Sess., Ch. 11, Sec. 7. Effective July 28, 2009.)
  88. 4799.05.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. )

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    This section lets the director fund or contract for forest-health and emissions-reduction projects, but it also sets rules for advance payments, reporting, grant priorities, and some CEQA-related exemptions.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 1. Forest Resources Improvement [4790 - 4799.05] ( Chapter 1 added by Stats. 1978, Ch. 1181. ) ## 4799.05. (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. (2) (A) The director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award. (B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement. (ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter. (C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the department’s use of advance payments. (ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code. (b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund. (c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows: (1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products. (2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this paragraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department. (3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this paragraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board. (d) (1) Division 13 (commencing with Section 21000) does not apply to prescribed fire, reforestation, habitat restoration, thinning, or fuel reduction projects, or to related activities included in the project description, undertaken, in whole or in part, on federal lands to reduce the risk of high-severity wildfire that have been reviewed under the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) if either of the following is satisfied: (A) The primary role of a state or local agency is providing funding or staffing for those projects. (B) A state or local agency is undertaking those projects pursuant to the federal Good Neighbor Authority (Public Law 113-79) or a stewardship agreement with the federal government entered into pursuant to Public Law 113-79. (2) Division 13 (commencing with Section 21000) does not apply to the issuance of a permit or other project approval by a state or local agency for projects described in paragraph (1). (3) This section does not alter, affect, or in any way diminish the authority of a state or local agency to impose mitigation measures or conditions on projects described in paragraph (1) pursuant to other laws or regulations. (4) (A) If the lead agency, as defined in Section 21067, determines that a project is not subject to Division 13 (commencing with Section 21000) pursuant to this subdivision and it determines to approve or carry out the project, the lead agency shall file a notice of exemption with the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. The lead agency shall also post the notice of exemption on its internet website together with a description of where the documents analyzing the environmental impacts of the project under the federal National Environmental Policy Act of 1969 are available for public review. (B) If the lead agency is not the department, the lead agency shall also provide the notice of exemption together with the information set forth in subdivision (d) of Section 4137 to the department. The department shall compile the information submitted to it pursuant to this subparagraph and post the information on the department’s internet website. (5) On or before February 1, 2027, if the Secretary of the Natural Resources Agency determines that substantial changes have been made since January 1, 2023, to the federal National Environmental Policy Act of 1969 or other federal laws that affect the management of federal forest lands in California, the secretary shall report those changes to the Legislature in accordance with Section 9795 of the Government Code. (6) This subdivision shall become inoperative on January 1, 2028. (e) Division 13 (commencing with Section 21000) does not apply to any discretionary approval necessary to carry out or implement projects funded by the Nature-Based Solutions Tribal Program or the tribal cultural burn and tribal wildfire funding authorized by Schedule (2) of Item 3540-101-0001 of Section 2.00 of the Budget Act of 2021, as added by Section 46 of Chapter 240 of the Statutes of 2021. This subdivision only applies to projects carried out on lands subject to the jurisdictional control or the ownership of a California Native American tribe, as defined in Section 21073. (Amended by Stats. 2022, Ch. 574, Sec. 17. (AB 211) Effective September 27, 2022.)
  89. 4799.06.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    This section says Chapter 2 may be cited as the California Urban Forestry Act of 1978.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.06. This chapter shall be known and may be cited as the California Urban Forestry Act of 1978. (Added by Stats. 1978, Ch. 1181.)
  90. 4799.07.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    The Legislature declares that urban trees are an important resource and that urban communities are losing more trees than they replace.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.07. The Legislature finds and declares that: (a) Trees are a vital resource in the urban environment and as an important psychological link with nature for the urban dweller. (b) Trees are a valuable economic asset in our cities. They help maintain or increase property values, attract business and new residents in urban areas, and support job creation and business growth. (c) Trees play an important role in energy conservation by modifying temperature extremes with shade and humidity, and by influencing wind direction and velocity. This role is particularly important in reducing the amount of energy consumed in heating and cooling buildings and homes, and potentially in producing a local fuel and energy source. (d) Trees directly reduce air pollution by removing airborne particulates from the atmosphere and helping to purify the air. (e) Trees help reduce noise, provide habitat for songbirds and other wildlife, reduce surface runoff and protect urban water resources, and enhance the aesthetic quality of life in urban communities. (f) Trees planted in urban settings play a significant role in meeting the state’s greenhouse gas emission reduction targets by sequestering carbon as well as reducing energy consumption. (g) Maximizing the benefits of trees through multiple-objective projects that provide environmental services can provide cost-effective solutions to the needs of urban communities and local agencies, including, but not limited to, increased water supply, clean air and water, reduced energy use, flood and stormwater management, recreation, and urban revitalization. (h) Growing conditions in urban areas for trees and associated plants have worsened so that many of California’s urban communities are now losing more trees than are replaced. (Amended by Stats. 2017, Ch. 720, Sec. 1. (AB 1530) Effective January 1, 2018.)
  91. 4799.08.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    The department must consult with the State Water Resources Control Board when implementing this chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.08. (a) The purpose of this chapter is to: (1) Promote the use of urban forest resources for purposes of increasing integrated projects with multiple benefits in urban communities, including, but not limited to, the following: (A) Expanded urban forest canopy. (B) Community greening. (C) Increased carbon sequestration. (D) Reduced energy consumption. (E) Reduction of impacts of the urban heat island effect. (F) Improved management of stormwater and dry weather runoff. (G) Improved local water capture and efficient use of water for urban forest maintenance. (H) Climate adaptation, with an emphasis on disadvantaged communities. (2) Stop the decline of our urban forest resources, facilitate the planting of trees in urban communities, and improve the quality of the environment in urban areas through the establishment and improved management of urban forest resources. (3) Facilitate the creation of permanent jobs in tree maintenance and related urban forestry activities in neighborhood, local, and regional urban areas to enable workforce training for young women and men in disadvantaged communities. (4) Optimize the potential of tree and vegetative cover in reducing energy consumption and producing fuel and other products. (5) Encourage the coordination of state and local agency activities in urban forestry and related programs and encourage maximum community participation in their development and implementation. (6) Assist the Department of Agriculture to prevent the introduction and spread within this state of known and potentially damaging or devastating invasive pests and diseases. (7) Reduce or eliminate tree loss resulting from invasive pests and diseases. (8) Promote policies and incentives for implementing entities that advance improved maintenance of urban forest canopy to optimize multiple benefits. (b) In implementing this chapter, the department shall consult with the State Water Resources Control Board to identify additional opportunities to improve water resources management through urban forestry projects. (Amended by Stats. 2017, Ch. 720, Sec. 2. (AB 1530) Effective January 1, 2018.)
  92. 4799.09.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    This section defines key terms used in the urban forestry chapter.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.09. As used in this chapter the following terms have the following meanings: (a) “Disadvantaged community” means a community identified as a disadvantaged community pursuant to Section 39711 of the Health and Safety Code. (b) “Local water” means rainwater, stormwater, recycled water, and urban runoff captured by urban forest sites through curb cuts, cisterns, tree wells, and other best management practices that offset reliance on potable water use. (c) “Low-income community” means a community as defined in Section 39713 of the Health and Safety Code. (d) “Urban area” means an urban place, as that term is defined by the United States Department of Commerce, of 2,500 or more persons. (e) “Urban forest” means those native or introduced trees and related vegetation in the urban and near-urban areas, including, but not limited to, urban watersheds, soils and related habitats, street trees, park trees, residential trees, natural riparian habitats, and trees on other private and public properties. (f) “Urban forest maintenance” means those activities that reduce tree mortality, ensure optimal tree health, preserve carbon sequestration and climate resilience benefits, and improve the full functionality of the urban forest. This includes, but is not limited to, mulching, watering, and proper pruning practices. (g) “Urban forestry” means the cultivation and management of native or introduced trees and related vegetation in urban areas for their present and potential contribution to the economic, physiological, sociological, and ecological well-being of urban society. (Amended by Stats. 2017, Ch. 720, Sec. 3. (AB 1530) Effective January 1, 2018.)
  93. 4799.10.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    The department must run an urban forestry program and the director has related implementation and cooperation duties and powers.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.10. (a) (1) The department shall implement a program in urban forestry to encourage better tree management and planting in urban areas to increase integrated, multiple benefit projects by assisting urban areas with innovative solutions to problems, including reductions in the emissions of greenhouse gases, mitigation of public health impacts of poor air and water quality, mitigation of urban heat island effect, improved capture of stormwater and dry weather runoff, addressing water shortages, lack of green space, lack of urban parks that are accessible to pedestrians, vandalism, and insufficient tree maintenance, and to otherwise accomplish the purposes of this chapter. (2) The department shall encourage demonstration projects that maximize the benefits of urban forests in conjunction with state and local agency programs to improve carbon sequestration, water conservation, energy conservation, stormwater capture and reuse, urban forest maintenance, urban parks and river parkways, school construction and improvements, school greening or sun-safe schoolyards, air quality, water quality, flood management, urban revitalization, solid waste prevention, and other projects. (3) The department shall establish local or regional targets for urban tree canopy, with emphasis on disadvantaged communities that tend to be most vulnerable to urban heat island effect. These targets shall include urban forest diversity, tree species’ adaptability to anticipated climate change impacts, and other relevant factors. (4) The department shall assume the primary responsibility in carrying out the intent of this chapter in cooperation with statewide and regional urban forestry organizations or associations and arboricultural organizations or associations, other private and public entities or persons, and appropriate local, state, and federal agencies, including, but not limited to, the Department of Water Resources, the California Environmental Protection Agency, the Department of Fish and Game, the Department of Food and Agriculture, regional water quality control boards, regional and local air districts, the University of California Cooperative Extension, the Department of Parks and Recreation, the Department of Transportation, resource conservation districts, and the United States Forest Service. (b) (1) The department shall be the agent of the state and shall have full power to cooperate with those agencies of the federal government that have powers and duties concerning urban forestry and shall perform all things necessary to secure the benefits of federal urban forestry programs. (2) To facilitate implementation of this chapter, the director may enter into agreements and contracts with a public or private organization including a local agency that has urban forestry-related jurisdictional responsibilities and an established and operating urban forestry program. The director shall consult with those agencies when carrying out this chapter in their respective areas. (c) The director shall take all feasible steps to prevent or retard the introduction, establishment, and spread of known or potentially damaging or devastating pests and diseases. Any agreement shall ensure that the department will not need additional funds to participate in the program. (d) The department and the Department of Food and Agriculture shall cooperate in setting quarantine boundary lines and in enforcing the provisions relating to quarantine and pest abatement contained in Division 4 (commencing with Section 5001) of the Food and Agricultural Code when a quarantine is established to prevent the spread of introduced pests and diseases affecting the state’s urban forests. (e) Whenever it is feasible to do so, the department may utilize inmates and wards assigned to conservation camps or the California Conservation Corps or certified Community Conservation Corps in implementing this chapter. (f) The department may utilize available recipients of CalWORKs or the General Assistance Program, who are participating in state or county work experience programs for carrying out the purposes of this chapter. The participation of registrants for the welfare-to-work program under the CalWORKs program, under Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code, shall be consistent with their participant contract requirements. A person being utilized by the department pursuant to this subdivision shall not be placed in the same crew as persons utilized pursuant to subdivision (e). (g) The department shall develop or update regulations as necessary to implement the requirements of this section. (Amended by Stats. 2017, Ch. 720, Sec. 4. (AB 1530) Effective January 1, 2018.)
  94. 4799.10.2.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    The department must complete a statewide strategic plan for increasing urban tree canopy and submit it to the Legislature by June 30, 2025.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.10.2. (a) (1) The department shall complete a statewide strategic plan, in consultation with nonprofit organizations, cities, counties, other local governments of urban areas, and disadvantaged and low-income communities, to achieve a 10-percent increase of tree canopy cover in urban areas by 2035, with priority for increasing tree canopy cover in disadvantaged and low-income communities and low-canopy areas. The statewide strategic plan shall include recommendations for all of the following: (A) State and local policies necessary to achieve the goal of increasing tree canopy cover in urban areas by 10 percent by 2035. (B) Targets and actions for canopy increase to be completed at the regional level by 2030 in a manner that is consistent with paragraph (3) of subdivision (a) of Section 4799.10 and that supports the 2035 statewide goal. (C) Local resources needed for the maintenance and upkeep of urban forests and strategies to secure these resources. (D) Resources and strategies to address threats to urban forests, including climate change, extreme weather, pollution, drought and limited water resource availability, diseases, and pests. (E) Sustainable tree canopy expansion within disadvantaged communities and low-income communities. (F) Measures to reduce or eliminate net loss of any existing tree canopy. (2) The statewide strategic plan completed by the department pursuant to paragraph (1) shall be submitted to the Legislature on or before June 30, 2025. (b) The statewide strategic plan submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (c) Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on June 30, 2029. (Added by Stats. 2022, Ch. 186, Sec. 1. (AB 2251) Effective January 1, 2023. Repealed as of June 30, 2029, by its own provisions.)
  95. 4799.11.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    The department must provide technical assistance to urban areas, and may assist local tree maintenance and green waste programs by loaning equipment when feasible and not disruptive to agency operations.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.11. (a) The department shall provide technical assistance to urban areas with respect to all of the following: (1) Planning for regional, county, and local land use analysis projects related to urban forestry. (2) Preparation of urban tree plans and the selection of trees in landscaping and reforestation efforts. (3) Development and coordination of training programs for neighborhood and local agency tree planting and maintenance crews. (4) Advice and guidance to cities, counties, districts, and regional entities, homeowner neighborhood groups, and nonprofit organizations on tree disease, insect problems, tree planting, maintenance, and best practices and metrics as developed by the department, for maintaining urban forest health. (5) The role of forest ecology in planning for the future of urban areas, including climate change and greenhouse gas emission reductions, carbon sequestration, air quality, watershed problems, and energy conservation. (6) Improvement and enhancement of local water capture for urban forest maintenance. (7) Retention of native trees and riparian habitats. (8) Any other matter relating to the purposes of this chapter. (b) The department and other state agencies are also authorized to assist local tree maintenance and green waste utilization programs by making equipment available on loan where feasible and not detrimental to department or other state agency operations. That equipment may be used only to support regional or local urban forestry efforts consistent with this chapter, including by nonprofit organizations involved in urban tree care or urban green waste utilization efforts. (Amended by Stats. 2017, Ch. 720, Sec. 5. (AB 1530) Effective January 1, 2018.)
  96. 4799.12.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    The director may award urban forestry grants, waive cost-sharing in some cases, and authorize advance payments for certain nonprofit recipients.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.12. The director, with advice from other appropriate state agencies and interested parties, may make grants to provide assistance of 25 to 90 percent of costs for projects meeting guidelines established by the board upon recommendation by the director. The director may waive the cost sharing requirement for projects that are in disadvantaged and low-income communities. Grants may be made to cities, counties, districts, and nonprofit organizations. The director may also waive the cost sharing requirement if the funding source for a grant prohibits cost sharing requirements. The director may authorize advance payments from a grant awarded to a nonprofit organization that is located in or providing service to disadvantaged or low-income communities. The advance shall not exceed 25 percent of the total grant award. Contributions required as a condition of grants made pursuant to this section may be made in the form of material, services, or equipment, or funds. Authorized assistance may include, but is not limited to, any of the following needs: (a) Funding for development of urban tree plans that include coordination of local agency efforts and community involvement. (b) Funding for development of urban tree plans that include coordination of multiple jurisdictions, multiple agency efforts, and community involvement. (c) Funding for development of urban forest master plans or similar plans designed to provide comprehensive protection, maintenance, and management of the urban forest. (d) Provision of seedling and tree stock. (e) Tree planting projects. (f) Funding and other assistance to local agencies and nonprofit organizations for partnerships as follows: (1) Energy saving urban forest programs. (2) Developing projects or programs that use urban forests for water conservation, improving water quality, improved water management, or stormwater capture. (3) Developing projects or programs that use urban forests for air quality improvement, reduction in greenhouse gas emissions, or reduction of urban heat island effect. (4) Developing community education and engagement programs on the benefits and proper care of trees. (g) Funding for the development of training and educational materials on the benefits of the urban forest. (h) Funding for the development of training and educational materials on proper care and maintenance of trees and the urban forest, including young and mature tree care. (i) Funding and other assistance, based on criteria developed by the department, for management of urban forests to ensure their survival and ability to optimize the benefits that urban forests provide the community and the environment. (j) Funding and other assistance for demonstration projects in urban forestry with special attention given to projects or programs assisting the state in meeting the requirements of the Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), improving energy and water conservation, capturing and filtering urban stormwater and dry weather runoff, improving water quality, utilizing local water, reducing the urban heat island effect, improving air quality, and wood and fiber utilization projects, including, but not limited to, biofuel and bioenergy. (k) Funding for improved urban forest maintenance and projects that respond to events that impact urban forest health, including drought, storms, pests, and disease. (l) Funding for planning and technical assistance for eligible applicants assisting disadvantaged communities. (m) Other categories of projects recommended by the director and approved by the board. (Amended by Stats. 2017, Ch. 720, Sec. 6. (AB 1530) Effective January 1, 2018.)
  97. 4799.12.1.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. )

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    The department must use these appropriated funds for grants under Section 4799.12, and at least 25% must go to specified needs in low-income or disadvantaged communities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 2. Urban Forestry [4799.06 - 4799.12.1] ( Chapter 2 added by Stats. 1978, Ch. 1181. ) ## 4799.12.1. (a) Moneys appropriated from the California Community and Neighborhood Tree Voluntary Tax Contribution Fund, established pursuant to Section 18735 of the Revenue and Taxation Code, to the department shall be used to fund grants authorized under Section 4799.12. A minimum of 25 percent of the funds shall be used for the needs specified in subdivisions (a), (b), (c), (h), and (k) of Section 4799.12 in low-income or disadvantaged communities. (b) This section shall become inoperative one year after the date on which Article 4 (commencing with Section 18734) of Chapter 3 of Part 10.2 of Division 2 of the Revenue and Taxation Code becomes inoperative and is repealed on January 1 of the following year. (Added by Stats. 2021, Ch. 104, Sec. 2. (SB 347) Effective January 1, 2022. Conditionally inoperative on date prescribed by its own provisions. Repealed on January 1 following the inoperative date.)
  98. 4799.13.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 3. Forest Resources Improvement Fund [4799.13- 4799.13.] ( Chapter 3 added by Stats. 1978, Ch. 1181. )

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    Creates the Forest Resources Improvement Fund and limits how its money may be used.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 3. Forest Resources Improvement Fund [4799.13- 4799.13.] ( Chapter 3 added by Stats. 1978, Ch. 1181. ) ## 4799.13. (a) There is hereby created in the State Treasury, the Forest Resources Improvement Fund. The money in the Forest Resources Improvement Fund may only be expended, upon appropriation by the Legislature, for the cost of operations associated with management of lands held in trust by the state and operated as demonstration state forests by the department pursuant to Section 4646, including restoration activities, and to reimburse the department’s cost of maintaining and improving the campground facilities, associated recreational facilities, natural environment, and access thereto, pursuant to subdivision (b) of Section 4652. (b) The Forest Resources Improvement Fund shall be the depository for all revenue derived from the repayment of loans made or interest received pursuant to Chapter 1 (commencing with Section 4790), the receipts from the sale of forest products, as defined in Section 4638, from the state forests to support the operations described in subdivision (a), and revenue received from recreational user fees, pursuant to subdivision (a) of Section 4652. Money in the fund in excess of the amount needed to support those operations shall be deposited in the General Fund. (c) The director may accept grants and donations of equipment, seedlings, labor, materials, or funds from any source for the purpose of supporting or facilitating activities undertaken pursuant to this part. Any funds received shall be deposited by the director in the Forest Resources Improvement Fund. (d) Each proposed expenditure by the department of money from the Forest Resources Improvement Fund shall be included as a separate item and scheduled individually in the Budget Bill for each fiscal year for consideration by the Legislature. These appropriations shall be subject to all of the limitations contained in the Budget Bill and to all other fiscal procedures prescribed by law with respect to the expenditure of state funds. (Amended by Stats. 2010, Ch. 598, Sec. 2. (AB 2351) Effective January 1, 2011.)
  99. 4799.14.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. )

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    The department may conduct surveys, studies, and research on using wood wastes and forest growth for energy production.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. ) ## 4799.14. The department is authorized to conduct surveys, studies, and research concerning the economic and environmental costs, benefits, and feasibility of utilizing wood wastes and forest growth for thermal processes, including, but not limited to, the generation of electrical energy or conversion to solid, gaseous, or liquid fuels for transport or industrial use. Such studies shall include research concerning the cost of gathering and transporting logging wastes and other materials from timber management operations to potential markets and the identification of locations for conversion facilities and forest management operations with high potential for utilization of wood for energy production. (Added by Stats. 1978, Ch. 1181.)
  100. 4799.15.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. )

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    The department may provide technical and other assistance to public and private agencies and persons on forest management, species selection, and related matters.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. ) ## 4799.15. The department is further authorized to provide technical and other assistance to public and private agencies and persons with respect to forest management, species selection, and other matters as to which the department has special expertise, in order to encourage and facilitate utilization of wood for energy production. (Added by Stats. 1978, Ch. 1181.)
  101. 4799.16.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. )

    Verify source ↗

    The department must coordinate and cooperate with the State Energy Resources Conservation and Development Commission on surveys, studies, and research about using wood waste and forest growth for energy.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 4. Energy Production [4799.14 - 4799.16] ( Chapter 4 added by Stats. 1978, Ch. 1181. ) ## 4799.16. The department shall coordinate its activities and cooperate with the State Energy Resources Conservation and Development Commission in the development of surveys, studies, and research concerning the utilization of wood waste and forest growth for energy. The department shall also coordinate its activities with other public and private agencies to insure that the activities of the department and such other agencies are not duplicative and the maximum benefit occurs from actions taken by the department to carry out its responsibilities pursuant to this chapter. (Added by Stats. 1978, Ch. 1181.)
  102. 4800.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 5. Timberland Wildlife Study [4800 - 4805] ( Chapter 5 added by Stats. 1989, Ch. 1241, Sec. 1. )

    Verify source ↗

    This section states the Legislature’s intent for the chapter: to coordinate wildlife and timberland issues, improve data and analysis, support wildlife-impact recommendations, and allow cooperation with the U.S. Forest Service on wildlife studies and funding.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 5. Timberland Wildlife Study [4800 - 4805] ( Chapter 5 added by Stats. 1989, Ch. 1241, Sec. 1. ) ## 4800. It is the intent of the Legislature, in enacting this chapter, to do all of the following: (a) To provide coordination on wildlife and timberland issues within the Resources Agency. (b) To improve and coordinate the state data bases for use in analyzing the cumulative impacts of timber harvesting pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (c) To improve the technical basis upon which the Department of Fish and Game predicates recommendations for mitigating site-specific and cumulative effects on wildlife from timber harvesting activities. (d) To provide recommendations to the board concerning creation of a list of species of special concern for which additional forest practices rules may be needed. (e) To provide recommendations to the Fish and Game Commission concerning additions to its list of species that are threatened or endangered. (f) To provide authority to the state to work cooperatively with the United States Forest Service, including the ability to provide and receive funding for wildlife studies. (Added by Stats. 1989, Ch. 1241, Sec. 1. Effective October 1, 1989.)
  103. 48000.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    Operators of disposal facilities must pay a quarterly fee to the State Board of Equalization, and the Department of Resources Recycling and Recovery has related notice and administration duties.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48000. (a) Each operator of a disposal facility shall pay a fee quarterly to the State Board of Equalization, which is based on the amount, by weight or volumetric equivalent, as determined by the Department of Resources Recycling and Recovery, of all solid waste disposed of at each disposal site. (b) (1) The fee for solid waste disposed of shall be one dollar and thirty-four cents ($1.34) per ton. Commencing with the 1995–96 fiscal year, the amount of the fee shall be established by the Department of Resources Recycling and Recovery at an amount that is sufficient to generate revenues equivalent to the approved budget for that fiscal year, including a prudent reserve, but shall not exceed one dollar and forty cents ($1.40) per ton. (2) On and after July 1, 2012, the amount of the fee established by the Department of Resources Recycling and Recovery pursuant to paragraph (1) shall be increased by twelve cents ($0.12) per ton for each operator of a solid waste landfill whose owner has notified the department that it elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to Article 2.1 (commencing with Section 48010). (c) The Department of Resources Recycling and Recovery shall notify the state board on the first day of the period in which the rate shall take effect of any rate change adopted pursuant to paragraphs (1) and (2) of subdivision (b). (d) The Department of Resources Recycling and Recovery and the state board shall ensure that all of the fees for solid waste imposed pursuant to this section that are collected at a transfer station are paid to the state board in accordance with this article. (e) (1) The fee imposed by paragraph (2) of subdivision (b) shall not be operative on or after July 1, 2012, unless the Department of Resources Recycling and Recovery receives, on or before January 1, 2012, letters of participation in the State Solid Waste Postclosure and Corrective Action Trust Fund from landfill owners representing at least 50 percent of the total volume of waste disposed of in 2010. (2) The Department of Resources Recycling and Recovery shall notify the state board, on or before February 29, 2012, if the fee imposed by paragraph (2) of subdivision (b) shall become operative pursuant to paragraph (1). (Amended by Stats. 2010, Ch. 417, Sec. 1. (AB 1004) Effective January 1, 2011.)
  104. 48001.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    After refunds and collection costs are paid, the specified fee revenue must be deposited in the Integrated Waste Management Account.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48001. The revenue from the fees paid pursuant to paragraph (1) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the Integrated Waste Management Account, which is hereby created in the fund. (Amended by Stats. 2009, Ch. 318, Sec. 2. (AB 274) Effective January 1, 2010.)
  105. 48001.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    Fees are deposited into a newly created trust fund, and the board may use the fund’s money only when the Legislature appropriates it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48001.5. (a) The revenue from the fees paid pursuant to paragraph (2) of subdivision (b) of Section 48000 shall, after payment of refunds and administrative costs of collection, be deposited in the State Solid Waste Postclosure and Corrective Action Trust Fund, which is hereby created in the State Treasury. (b) Fees, revenues, and all interest earned shall be available to the board, upon appropriation by the Legislature, to carry out the purposes of Article 2.1, including all of the following: (1) Corrective action and postclosure activities pursuant to subdivision (b) of Section 48011. (2) Administrative costs incurred by the board in implementing Article 2.1. (3) Any startup costs incurred by the board in implementing Article 2.1 that were incurred before fees were paid pursuant to paragraph (2) of subdivision (b) of Section 48000. (Added by Stats. 2009, Ch. 318, Sec. 3. (AB 274) Effective January 1, 2010.)
  106. 48002.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The state board must adopt rules and regulations to carry out Section 48000, including rules on collections, reporting, refunds, and appeals.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48002. The state board shall adopt rules and regulations to carry out Section 48000, including, but not limited to, provisions governing collections, reporting, refunds, and appeals. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  107. 48003.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The state board may not spend more than 1/2 percent of certain account revenues on administration of this chapter in a fiscal year.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48003. The state board may not spend more than 1/2 percent of the total revenues deposited, or anticipated to be deposited, in the account during a fiscal year for the administration of this chapter during that fiscal year. (Amended by Stats. 2003, Ch. 742, Sec. 8. Effective January 1, 2004.)
  108. 48004.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The account money must be used by the Department of Resources Recycling and Recovery for specified programs, and some fee payers are not required to pay a second annual water fee if waiver requirements are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48004. (a) The money in the account shall be used by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, for the following purposes: (1) The administration and implementation of this division by the Department of Resources Recycling and Recovery. (2) The state water board’s and regional water boards’ administration and implementation of Division 7 (commencing with Section 13000) of the Water Code at solid waste disposal sites. (b) It is the intent of the Legislature that an amount that is sufficient to fund state water board and regional water board regulatory activities for solid waste landfills be appropriated from the account by the Legislature in the annual Budget Act. Those persons who are required to pay the fee imposed pursuant to Section 48000 shall not be required to pay the annual fee imposed pursuant to subdivision (d) of Section 13260 of the Water Code with regard to the same discharge if the requirements for the waiver of that fee set forth in paragraph (3) of subdivision (d) of Section 13260 of the Water Code are met. (c) Notwithstanding subdivisions (a) and (b), if the fee established pursuant to Section 48000 does not generate revenues sufficient to fund the programs specified in this section, or if the amount appropriated by the Legislature for these purposes is reduced, those reductions shall be equally and proportionally distributed between funding for the solid waste programs of the state water board and the regional water boards and the Department of Resources Recycling and Recovery. (Amended by Stats. 2010, Ch. 718, Sec. 20. (SB 855) Effective October 19, 2010.)
  109. 48005.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The board must deposit money it receives into the Integrated Waste Management Account and use it, after legislative appropriation, for the purpose it was collected or, if no specific purpose is stated, for this division, with an exception for Part 6 funding.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48005. Unless otherwise specified, all money received by the board shall be deposited in the Integrated Waste Management Account and shall be used by the board, upon appropriation by the Legislature, for the purposes for which it was collected or, if not expressly specified for a particular purpose, for the purposes of this division, except Part 6 (commencing with Section 46000), which shall be funded by fees pursuant to Section 46801. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  110. 48006.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The board may exempt certain solid waste landfill operators from all fees if they receive less than a monthly average of five tons of solid waste per operating day.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48006. The board may exempt from all fees any operator of a solid waste landfill that receives less than a monthly average of five tons per operating day of solid waste. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  111. 48007.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    The board must adopt and file regulations by January 1, 2004 to set an appropriate level of oversight for construction and demolition waste and inert waste at mine reclamation sites.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48007.5. (a) On or before January 1, 2004, the board shall adopt and file with the Secretary of State, pursuant to Section 11346.2 of the Government Code, regulations that establish an appropriate level of oversight of the management of construction and demolition waste, and the management of inert waste at mine reclamation sites. (b) For purposes of this section, “inert waste” has the same meaning as defined in subdivision (c) of Section 48007, as that section read on January 1, 2002. (Added by Stats. 2001, Ch. 811, Sec. 3. Effective January 1, 2002.)
  112. 48008.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. )

    Verify source ↗

    An operator of a solid waste landfill that pays the chapter fee may charge users an administrative fee, but it cannot exceed 5% of the prior quarter’s fees paid to the State Board of Equalization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2. Management of the Fund [48000 - 48008] ( Heading of Article 2 added by Stats. 1990, Ch. 35, Sec. 89. ) ## 48008. (a) Any operator of a solid waste landfill that pays a fee pursuant to this chapter may impose on its users an administrative fee of not more than 5 percent of the fees paid to the State Board of Equalization during the previous quarter pursuant to Section 48000. (b) Administrative fees imposed pursuant to subdivision (a) shall reflect, to the extent feasible, the actual costs of collecting and accounting for fees paid to the State Board of Equalization. (Amended by Stats. 1990, Ch. 1355, Sec. 57. Effective September 27, 1990.)
  113. 48010.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. )

    Verify source ↗

    Some landfill owners and operators must file written notices to join the trust fund, and late participants must pay applicable fees plus a 5% penalty before joining.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. ) ## 48010. (a) (1) An owner of a landfill for which evidence of financial ability is maintained pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4, whose landfill is operating on January 1, 2012, and that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to this article, shall submit written notice to the Department of Resources Recycling and Recovery on or before January 1, 2012. (2) Except as provided in paragraph (3), an owner of multiple landfills that elects to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund is required to submit written notice that includes all of the owner’s operating landfills and all other landfills in which that owner has in common ownership. (3) A landfill with multiple owners may participate only if all owners of that landfill elect to participate. Participation of a landfill with multiple owners shall not obligate a partial owner of that landfill to include any other landfill at which that owner has full or partial ownership. (4) The Department of Resources Recycling and Recovery shall provide to the state board the name and address, and any other information necessary to administer and collect the fee imposed pursuant to paragraph (2) of subdivision (b) of Section 48000, of every owner of a landfill electing to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund on or before February 29, 2012. (b) If an operator that is operating a landfill on January 1, 2012, submits a written notification to the Department of Resources Recycling and Recovery that it elects to participate after the trust fund fee goes into effect, the operator shall pay all trust fund fees applicable from July 1, 2012, and a 5-percent penalty before being allowed to participate. (c) For new landfills that receive a solid waste facility permit after January 1, 2012, the owner’s election to participate in the State Solid Waste Postclosure and Corrective Action Trust Fund shall be submitted in writing to the Department of Resources Recycling and Recovery before the department concurs in the issuance of the permit pursuant to Section 44009. (d) All elections to participate made by landfill owners pursuant to this section are final, binding, and irrevocable for those owners and their successors and assignees. (Amended by Stats. 2010, Ch. 417, Sec. 2. (AB 1004) Effective January 1, 2011.)
  114. 48011.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. )

    Verify source ↗

    The board may use the trust fund for landfill corrective action and postclosure work if specified conditions are met, and it must try to recover those costs from the landfill owner or operator.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. ) ## 48011. (a) For the purposes of this article, “solid waste landfill” means a disposal site that is required to maintain evidence of financial ability pursuant to Part 4 (commencing with Section 43600) of Chapter 2 of Part 4. (b) The board may expend money in the State Solid Waste Postclosure and Corrective Action Trust Fund to pay for corrective action and postclosure activities that have not been performed by the owner or operator of a solid waste landfill, upon a determination by the board that all of the following conditions are met: (1) The solid waste landfill owner or operator has failed to comply with a final enforcement order issued by the enforcement agency, the regional water board, or the board. (2) The financial assurance mechanisms are inadequate to pay for the required corrective action or postclosure maintenance activities or both that action and those activities. (3) The solid waste landfill was operating pursuant to a valid solid waste facilities permit on or after January 1, 1988, when the state’s requirements for solid waste landfill financial assurances went into effect as a result of Assembly Bill 2448 of the 1987–88 Regular Session, and is required to have financial assurances pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4. (4) The board has first used and exhausted all immediately available financial assurance mechanisms provided by the operator. (5) The solid waste landfill owner and operator are otherwise unable or unwilling to pay, in a timely manner, for the required corrective action or postclosure maintenance activities or both that action and those activities. (c) The board may adopt regulations, if necessary, setting forth additional criteria for making expenditures from the State Solid Waste Postclosure and Corrective Action Trust Fund. (d) Notwithstanding Section 10295 of the Public Contract Code, a contract entered into by the board for the purposes of this article is not subject to approval by the Department of General Services. (e) No liability or obligation is imposed on the state under this article, and the board shall not incur any obligation beyond the extent to which money is expended from the State Solid Waste Postclosure and Corrective Action Trust Fund pursuant to this article. (f) The board shall, to the maximum extent feasible, recover from the landfill owner or operator the amount of money expended from the State Solid Waste Postclosure and Corrective Action Trust Fund, including a reasonable amount for any board contract administration costs and an amount equal to the interest that would have been earned on the expended funds. The board shall deposit all funds recovered pursuant to an action authorized by this section into the State Solid Waste Postclosure and Corrective Action Trust Fund. (g) The amount of any cost incurred by the board pursuant to this section is recoverable from the landfill owner or operator in a civil action brought by the Attorney General pursuant to Section 40432. (h) The board may, consistent with Section 48023.5, impose a lien on the owner’s or operator’s assets or real property as an additional remedy to recover funds from the operator for expenditures from the State Solid Waste Postclosure and Corrective Action Trust Fund. (Added by Stats. 2009, Ch. 318, Sec. 4. (AB 274) Effective January 1, 2010.)
  115. 48012.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. )

    Verify source ↗

    The Department of Resources Recycling and Recovery must include certain Trust Fund reporting in the annual report after January 1, 2016.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. ) ## 48012. After January 1, 2016, as part of the annual report required pursuant to Section 40507, the Department of Resources Recycling and Recovery shall report on expenditures from the State Solid Waste Postclosure and Corrective Action Trust Fund, the status of cost recovery actions, and any recommended statutory changes that are necessary to ensure adequate resources are available to carry out the purposes of the State Solid Waste Postclosure and Corrective Action Trust Fund. (Amended by Stats. 2010, Ch. 417, Sec. 3. (AB 1004) Effective January 1, 2011.)
  116. 48013.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. )

    Verify source ↗

    An owner of multiple landfills must include all other commonly owned landfills in the letter of participation, unless an exception in Section 48010(a)(3) applies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2. Finances [47901 - 48028] ( Chapter 2 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## ARTICLE 2.1. State Solid Waste Postclosure and Corrective Action Trust Fund [48010 - 48013] ( Article 2.1 added by Stats. 2009, Ch. 318, Sec. 4. ) ## 48013. Except as provided in paragraph (3) of subdivision (a) of Section 48010, an owner of multiple landfills for which evidence of financial ability is maintained pursuant to Article 4 (commencing with Section 43600) of Chapter 2 of Part 4 and whose landfills are operating on January 1, 2012, shall include all other landfills in which that owner has in common ownership in the letter of participation. (Amended by Stats. 2010, Ch. 417, Sec. 4. (AB 1004) Effective January 1, 2011.)
  117. 4805.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 5. Timberland Wildlife Study [4800 - 4805] ( Chapter 5 added by Stats. 1989, Ch. 1241, Sec. 1. )

    Verify source ↗

    The director must set user fees for the department’s database, and the department must use and allow use of the database, and start charging a fee on January 1, 1992.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 5. Timberland Wildlife Study [4800 - 4805] ( Chapter 5 added by Stats. 1989, Ch. 1241, Sec. 1. ) ## 4805. (a) The director shall establish a schedule of user fees for persons using the department’s data base developed pursuant to Section 4802, which does not exceed the reasonable costs for developing, updating, and maintaining the data base. (b) The department shall utilize its data base for the review of timber harvesting plans as appropriate, and shall permit the use of its data base by timber harvesting plan applicants for the preparation of timber harvesting plans and by other persons, upon request. (c) Commencing on January 1, 1992, the department shall charge a fee to users of the data base pursuant to this section. (Added by Stats. 1989, Ch. 1241, Sec. 1. Effective October 1, 1989.)
  118. 4810.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter: “Agreement,” “Forest collaborative,” and “Fund.”

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. ) ## 4810. For purpose of this chapter, the following terms shall apply: (a) “Agreement” means the Good Neighbor Authority Agreement entered into between the state and the federal government pursuant to Section 2113a of Title 16 of the United States Code. (b) “Forest collaborative” means a functioning collaborative group that includes multiple persons or entities representing diverse interests, that is transparent and inclusive, and that has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecological-based forest restoration activities. (c) “Fund” means the Good Neighbor Authority Fund, established as specified in Section 4811. (Amended by Stats. 2021, Ch. 232, Sec. 2. (AB 697) Effective January 1, 2022.)
  119. 48100.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    The board must create a farm and ranch solid waste cleanup and abatement grant program, and it may spend account money for that program only with legislative budget appropriation.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48100. (a) The Legislature hereby finds and declares that illegal disposal of solid waste on property owned by innocent parties is a longstanding problem needing attention and that grants provided under this chapter will support the cleanup of farm and ranch property. (b) The board shall establish a farm and ranch solid waste cleanup and abatement grant program for the purposes of cleaning up and abating the effects of illegally disposed solid waste pursuant to this chapter. (c) (1) The Farm and Ranch Solid Waste Cleanup and Abatement Account is hereby created in the General Fund and may be expended by the board, upon appropriation by the Legislature in the annual Budget Act, for the purposes of this chapter. (2) The following funds shall be deposited into the account: (A) Money appropriated by the Legislature from the Integrated Waste Management Fund or the California Used Oil Recycling Fund to the board for the grant program, or from the California Tire Recycling Management Fund to the board for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889. (B) Notwithstanding Section 16475 of the Government Code, any interest earned on the money in the account. (3) The board may expend the money in the account for both of the following purposes: (A) To pay the costs of implementing this chapter, which costs shall not exceed 7 percent of the funds available for the grant program. (B) To make payments for grants authorized by this chapter. (4) Upon authorization by the Legislature in the annual Budget Act, the sum of all funds transferred into the account from other funds or accounts shall not exceed one million dollars ($1,000,000) annually. (5) Except as provided in paragraph (2) of subdivision (c) of Section 48653 and notwithstanding any other provision of law, the grant program shall be funded from the following funds: (A) The Integrated Waste Management Fund. (B) The California Tire Recycling Management Fund, for the purposes set forth in paragraph (10) of subdivision (b) of Section 42889. (C) The California Used Oil Recycling Fund. (d) For purposes of this chapter, the following definitions shall apply: (1) “Native American tribe” has the same meaning as tribe, as defined in subdivision (b) of Section 44201. (2) “Public entity” means a city, county, or resource conservation district. (Amended by Stats. 2009, Ch. 353, Sec. 3. (SB 546) Effective January 1, 2010.)
  120. 48101.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    This section establishes a grant program for public entities and Native American tribes, sets grant caps and an administrative-cost limit, and requires the board to prioritize certain grant recipients.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48101. (a) The grant program shall be established to make grants available to public entities and Native American tribes for the purposes described in subdivision (b) of Section 48100 in an amount not to exceed the sum of two hundred thousand dollars ($200,000) per year for any single public entity or Native American tribe, and not to exceed fifty thousand dollars ($50,000) for any single cleanup or abatement project. A Native American tribe or public entity may not expend more than 7 percent of the grant for administrative costs. (b) The board shall give priority to the provision of grants to public entities and Native American tribes that have established innovative and cost-effective programs designed to discourage the illegal disposal of solid waste and to encourage the proper disposal of solid waste in permitted solid waste disposal facilities. (c) A grant agreement between the board and a public entity or Native American tribe may provide for, but is not limited to, all of the following provisions: (1) Site-specific cleanup and removal of solid waste that is illegally disposed on farm or ranch property. (2) Comprehensive, ongoing enforcement programs for the cleanup and removal of solid waste that is illegally disposed of on farm or ranch property. (3) Waiver of tipping fees or other solid waste fees at permitted solid waste facilities for solid waste that was illegally disposed of on farm or ranch property. (d) On and after the adoption of grant program regulations by the board, any fines levied on, or abatement orders issued against, a farm or ranch owner by the local enforcement agency or other local agency as the result of solid waste disposed of on the owner’s farm or ranch property, regarding which the owner has made application to a public entity or Native American tribe for a grant under this chapter, shall be stayed, upon the owner’s written request to the local enforcement agency or other local agency, if (1) the local agency makes a decision that the property owner was not responsible for the dumping or (2) the property owner has filed a written appeal of the local agency’s decision to the board and the board’s decision on the matter is pending. (Amended by Stats. 2002, Ch. 628, Sec. 3. Effective January 1, 2003.)
  121. 48102.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    A farm or ranch property is not eligible for a grant under this chapter if the owner is determined to have been responsible for illegally disposing of the solid waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48102. No farm or ranch property is eligible for a grant pursuant to this chapter if it is determined by the public entity or Native American tribe that the owner was responsible for the illegal disposal of the solid waste. (Amended by Stats. 2002, Ch. 628, Sec. 4. Effective January 1, 2003.)
  122. 48103.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    The board must adopt regulations for this grant program.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48103. (a) The board shall adopt regulations to implement this chapter. (b) The regulations adopted pursuant to this section shall include criteria for grant eligibility and shall establish a process that is open and accessible to the public under which grant applications may be reviewed, ranked, and awarded. The regulations shall also develop a process for a farm or ranch property owner to appeal a public entity’s or Native American tribe’s determination of responsibility pursuant to Section 48102. (c) The regulations adopted under this section shall require the applicant public entity or Native American tribe to certify to both of the following: (1) That the public entity or Native American tribe is the only applicant for funding under the program for any particular farm or ranch property. (2) That the owner of the farm or ranch property is not responsible for the illegal disposal of the solid waste. (3) That the public entity or Native American tribe has in place a program that is sufficient to prevent future incidents of illegal solid waste disposal. (d) If a public entity or Native American tribe denies a grant application, it shall notify the farm or ranch property owner in writing as to why the application was denied. (e) Nothing in this section is intended to prevent a farm or ranch property owner from receiving reimbursement for solid waste cleanup or abatement costs under the grant program or pursuant to any other law. (Amended by Stats. 2002, Ch. 628, Sec. 5. Effective January 1, 2003.)
  123. 48104.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    Each year, the board must include specified grant-program information in its annual report to the Governor and the Legislature.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48104. Each year, as part of the annual report required to be submitted pursuant to Section 40507, the board shall report to the Governor and the Legislature on all of the following: (a) Actions the board has taken under the grant program. (b) The costs and effectiveness in cleaning up and abating solid waste illegally disposed of on farm and ranch property. (c) The number of sites cleaned up and abated in each county. (d) The number of participant cities, counties, districts, and Native American tribes, and the sites cleaned up and abated through those cities, counties, districts, and Native American tribes. (e) The types of solid waste cleaned up and abated. (f) The number of sites not approved for the grant program, and the reasons for that disapproval. (g) The types of property on which solid waste has been cleaned up and abated. (Amended by Stats. 2002, Ch. 628, Sec. 6. Effective January 1, 2003.)
  124. 48105.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    Solid waste collected from cleanup or abatement under the grant program must be recycled or reused to the maximum feasible extent, and cleanup or abatement work must comply with existing waste-handling laws.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48105. All solid waste collected as a result of cleanup or abatement under the grant program shall be recycled or reused to the maximum extent feasible and cleanup or abatement activities shall be conducted in compliance with existing laws governing the handling of solid wastes, hazardous wastes, liquid wastes, or medical wastes, as appropriate. (Amended by Stats. 2002, Ch. 628, Sec. 7. Effective January 1, 2003.)
  125. 48106.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. )

    Verify source ↗

    This section keeps liable any identifiable party responsible for generating or illegally depositing solid waste, and protects certain farm or ranch property owners from cost recovery actions if they were not responsible for the waste.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 2.5. Farm and Ranch Solid Waste Cleanup and Abatement Grant Program [48100 - 48106] ( Chapter 2.5 added by Stats. 1997, Ch. 875, Sec. 3. ) ## 48106. Nothing in this chapter is intended to relieve any party who is responsible for the generation or illegal deposition of the solid waste from liability for removal costs if the party can be identified. Farm or ranch property owners whose property is the subject of solid waste cleanup or abatement under this chapter and who are not responsible for the generation or deposition of the solid waste shall not be subject to any cost recovery action for cleanup or abatement costs borne by public entities or Native American tribes or the board under this chapter. (Amended by Stats. 2002, Ch. 628, Sec. 8. Effective January 1, 2003.)
  126. 4811.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. )

    Verify source ↗

    The department administers the Good Neighbor Authority Fund under the Secretary of the Natural Resources Agency’s direction, and certain state departments or agencies may accept grants and donations for section-related activities.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. ) ## 4811. (a) There is continued in existence in the State Treasury the Good Neighbor Authority Fund, originally established pursuant to Chapter 18 of the Statutes of 2020. The fund shall be administered by the department under the direction of the Secretary of the Natural Resources Agency. The moneys in the fund shall be available for expenditure, upon appropriation by the Legislature, and as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs. (b) The fund shall be the depository for revenues derived from the sale of forest products, as defined in Section 4638, from federal lands, as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, to support the activities described in subdivision (a). (c) State departments or agencies engaged in agreements may accept grants and donations, including, but not limited to, donations of equipment, seedlings, labor, materials, or funds from any source for the purpose of supporting or facilitating activities undertaken pursuant to this section. Funds received pursuant to this subdivision shall be transferred to the department and deposited into the fund for use by state departments or agencies engaged in agreements to support the activities described in subdivision (a) at the direction of the Secretary of the Natural Resources Agency. (Added by Stats. 2021, Ch. 232, Sec. 3. (AB 697) Effective January 1, 2022.)
  127. 4812.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must establish a forest restoration and fire resiliency program for national forest lands under a state-federal agreement.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2.5. FOREST RESOURCES [4790 - 4812] ( Part 2.5 added by Stats. 1978, Ch. 1181. ) ## CHAPTER 6. Good Neighbor Authority Program [4810 - 4812] ( Heading of Chapter 6 amended by Stats. 2021, Ch. 232, Sec. 1. ) ## 4812. (a) Under an agreement between the state and the federal government, the Secretary of the Natural Resources Agency shall establish a program for purposes of conducting ecological restoration and fire resiliency projects on national forest lands, with priority given to forest restoration and fuels reduction projects that are landscape scale and are focused on ecological restoration and to community fire protection and protection of water and other infrastructure. Projects shall be based on the best available science and shall emphasize the use of prescribed fire where appropriate. Projects with multiple benefits shall be prioritized, as applicable and feasible. Eligible activities under the program, consistent with Section 2113a of Title 16 of the United States Code, any other federal law, and the agreement, may include any of the following: (1) The development of federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) documents, and documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (2) Other activities related to project planning, such as preparation of resource surveys, analyses, and reports. (3) Implementation and maintenance of selected projects, including ecological thinning, prescribed fire, replanting, and related activities necessary to carry out authorized restoration services pursuant to an agreement. (b) Projects subject to this chapter shall be designed, to the extent feasible, to do the following: (1) Prevent type conversion and the spread of invasive plants and grasses. (2) Based upon the best available science, provide for ecological restoration and fire resiliency projects appropriate to the landscape and vegetation being treated. (3) Provide ecologically appropriate treatment for native shrublands, such as chaparral and coastal sage scrub, including the removal of flammable nonnative invasive species and the restoration of native species, where appropriate. (c) The Secretary of the Natural Resources Agency may contract with Native American tribes, state agencies, local governments, special districts, forest collaboratives, resource conservation districts, private entities, and qualified nongovernmental organizations to assist in planning, implementing, and maintaining landscape scale restoration projects on national forest lands. (Added by Stats. 2021, Ch. 232, Sec. 4. (AB 697) Effective January 1, 2022.)
  128. 48500.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    If part of this division is invalid, the rest still applies.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 48500. If any provisions of this division or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this division which can be given effect without the invalid provision or application thereof, and to this end the provisions of this division are severable. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  129. 48501.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    In certain civil actions under this division, a party seeking injunctive relief does not need to prove irreparable harm or that legal remedies are inadequate.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 48501. In any civil action brought pursuant to this division in which injunctive relief is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur if the injunctive relief is not granted, or that the remedy at law is inadequate, and any form of injunctive relief shall be granted without those allegations and without that proof. (Added by Stats. 1989, Ch. 1095, Sec. 22.)
  130. 48502.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. )

    Verify source ↗

    The board may not take over or duplicate the Department of Toxic Substances Control’s powers and duties under the referenced hazardous-waste law.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 3. Other Provisions [48500 - 48502] ( Chapter 3 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## 48502. Notwithstanding any other provision of law, the powers and duties of the Department of Toxic Substances Control pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, including those concerning the issuance of permits for hazardous waste disposal sites, enforcement activities related to the handling, transportation, storage, use, processing, and disposal of hazardous wastes, and the development of programs for the recycling and recovery of resources from hazardous wastes, shall not be assumed or duplicated by the board pursuant to its responsibilities, powers, and duties provided in this division. (Amended by Stats. 1992, Ch. 1293, Sec. 31. Effective January 1, 1993.)
  131. 4851.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    This provision defines “lumber” as timber in logs, boards, planks, beams, or rafts, and says driftwood is not included.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4851. As used in this article, “lumber” means all timber, whether in logs, boards, planks, or beams, and whether in rafts or otherwise. It does not include the sort of wood commonly called driftwood. (Repealed and added by Stats. 1965, Ch. 1144.)
  132. 4852.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If lumber drifts onto an island or bank in state waters, the lumber owner may remove it only after paying or tendering the land owner or occupant the damages caused and any damages from removal.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4852. Whenever any lumber drifts upon any island in any of the waters of this state, or upon the bank of any such waters, the owner of the lumber may remove it on payment or tendering to the owner or occupant of the land the amount of the damages which the owner or occupant of the land has sustained by reason of the drifting of the lumber upon such land, and which may accrue in its removal. (Repealed and added by Stats. 1965, Ch. 1144.)
  133. 4853.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If drifted lumber is not taken away within three months, the landowner or occupant must deliver the bill of charges and the lumber to the county sheriff, who must then dispose of it under the cited harbor and navigation procedures.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4853. If the owner of the lumber does not, within three months from the time it was so drifted, take the lumber away, the owner or occupant of the land shall deliver a bill of his charges, together with the lumber, to the sheriff of the county. The sheriff shall dispose of the lumber in the manner required by Articles 1 (commencing with Section 510) and 2 (commencing with Section 530) of Chapter 3, Division 3 of the Harbors and Navigation Code with regard to wrecked perishable property. (Repealed and added by Stats. 1965, Ch. 1144.)
  134. 4854.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    After lumber is sold, the remaining proceeds go to the county treasurer and then to the former owner, representatives, or assigns if they prove former ownership and obtain the judge’s order within one year.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4854. When sold, the proceeds of the lumber shall be applied first to the payment of the charges of sale and in liquidation of the expenses and damages awarded to the claimant. The residue shall be paid to the county treasurer, to be by the county treasurer paid over to the former owner of the lumber, or the former owner’s representatives, or assigns, on the production of proof of their former ownership satisfactory to the judge of the superior court of the county, and on the judge’s order therefor, made within one year after its receipt. (Amended by Stats. 2021, Ch. 133, Sec. 95. (SB 272) Effective July 23, 2021.)
  135. 4855.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. )

    Verify source ↗

    If a judge rejects a claimant’s right to proceeds, that rejection is conclusive unless the claimant starts an action within six months. If no claim is made or sustained, the county treasurer must put the proceeds into the county unapportioned elementary school fund.

    ## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 3. LUMBER, LOGS AND TIMBER [4851 - 4879] ( Part 3 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 1. Floating Lumber [4851 - 4855] ( Chapter 1 added by Stats. 1965, Ch. 1144. ) ## 4855. The rejection by the judge of any claimant’s right to the proceeds is conclusive, unless within six months thereafter the claimant commences action to obtain the proceeds. If no claim is made or sustained to the proceeds, the county treasurer shall place the proceeds in the county unapportioned elementary school fund. (Amended by Stats. 2021, Ch. 133, Sec. 96. (SB 272) Effective July 23, 2021.)
  136. 48600.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 1. Legislative Findings [48600- 48600.] ( Article 1 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The Legislature states that used oil disposal is a statewide problem and intends to reduce illegal disposal and increase recycling and reclamation of used oil.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 1. Legislative Findings [48600- 48600.] ( Article 1 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48600. The Legislature finds and declares the following: (a) The problem posed by used oil disposal requires a comprehensive, statewide response, including, but not limited to, eliminating illegal disposal, reducing landfill disposal of used oil, reducing pollution from stormwater runoff, recycling of used oil into new uses, and the promotion of secondary markets for recycled oil products. (b) That the improper or illegal disposal of used oil, often mixed with other solid waste, is a potential source of stormwater pollution and that environmental education and mitigation efforts regarding proper management of used oil and oil byproducts is within the purposes of this chapter. (c) California currently generates about 161 million gallons of used lubricating and industrial oil each year, and only about 50 percent of that oil is recycled. (d) The scarcity of used oil collection centers and programs, and the charges imposed on consumers for recycling used oil, create economic disincentives for recycling that could be addressed through a recycling incentive program. (e) Used oil represents a valuable state resource that should be reclaimed and recycled whenever possible. An abundance of used oil recycling alternatives exist that have been demonstrated to be environmentally safe. These alternatives need to be promoted in order to achieve the maximum use of used oil and prevent damage to the environment. (f) It is the intent of the Legislature to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible in order to recover valuable natural resources and to avoid damage to the environment and threats to public health. (Amended by Stats. 2001, Ch. 317, Sec. 1. Effective January 1, 2002.)
  137. 48601.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 2. Short Title [48601- 48601.] ( Article 2 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section says the chapter is called the California Oil Recycling Enhancement Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 2. Short Title [48601- 48601.] ( Article 2 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48601. This chapter shall be known and may be cited as the California Oil Recycling Enhancement Act. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  138. 48610.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section says the listed definitions control how this chapter is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48610. Unless the context otherwise requires, the following definitions govern the construction of this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  139. 48610.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “Board” as the Department of Resources Recycling and Recovery.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48610.3. “Board” means the Department of Resources Recycling and Recovery. (Added by Stats. 2010, Ch. 504, Sec. 1. (SB 579) Effective January 1, 2011.)
  140. 48610.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Bulk oil” means oil sold and delivered in one transaction in an amount greater than 55 gallons.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48610.5. “Bulk oil” means oil sold and delivered in a single transaction in an amount greater than 55 gallons regardless of the size of the container or containers in which the oil is delivered. (Amended by Stats. 1995, Ch. 822, Sec. 1. Effective January 1, 1996.)
  141. 48611.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “container” as a drum, can, or other receptacle mainly used to store or transport oil, and excludes equipment in which oil is used.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48611. “Container” means a drum, can, or other receptacle used primarily for storage or transportation of oil. “Container” does not mean the equipment in which oil is used. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  142. 48612.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Department” means the Department of Toxic Substances Control.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48612. “Department” means the Department of Toxic Substances Control. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  143. 48613.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Fund” means the California Used Oil Recycling Fund created under Section 48653.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48613. “Fund” means the California Used Oil Recycling Fund created pursuant to Section 48653. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  144. 48614.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “industrial generator.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48614. “Industrial generator” means an entity which buys and uses lubricating oil only for equipment owned or used by the entity. “Industrial generator” includes state or local governmental entities, as defined by Section 5902 of the Government Code. “Industrial generator” does not include motor carriers which have received oil for which a payment has not been made pursuant to Section 48650. (Amended by Stats. 1992, Ch. 1101, Sec. 3. Effective September 29, 1992.)
  145. 48616.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “industrial oil” to include several kinds of oil and excludes dielectric fluids.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48616. “Industrial oil” includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial oil does not include dielectric fluids. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  146. 48617.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Local government” means the same thing as in Section 30109.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48617. “Local government” has the same meaning as defined in Section 30109. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  147. 48618.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “lubricating oil” to include certain oils used in engine and drivetrain parts of vehicles and machinery powered by an internal combustion engine.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48618. “Lubricating oil” includes, but is not limited to, any oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential in an automobile, bus, truck, vessel, plane, train, heavy equipment, or other machinery powered by an internal combustion engine. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  148. 48618.4.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “mitigation” for stormwater pollution from used oil and oil byproducts.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48618.4. “Mitigation” is the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pollution from used oil and oil byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas. (Added by Stats. 2001, Ch. 317, Sec. 2. Effective January 1, 2002.)
  149. 48619.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Oil manufacturer” means the first person or entity in the state to take title to lubricating or industrial oil for sale, use, or transfer in the state.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48619. “Oil manufacturer” means the first person or entity in the state to take title to lubricating or industrial oil for sale, use, or transfer in the state. (Amended by Stats. 1992, Ch. 1101, Sec. 4. Effective September 29, 1992.)
  150. 48620.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “recycled oil” by referring to the definition in Health and Safety Code Section 25250.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48620. “Recycled oil” means recycled oil, as defined in Section 25250.1 of the Health and Safety Code. (Amended by Stats. 1998, Ch. 880, Sec. 12. Effective January 1, 1999.)
  151. 48620.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “rerefined oil” and requires producers of rerefined base stock to give purchasers certification information; unrerefined-compliant base stock may not be sold as rerefined oil.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48620.2. (a) “Rerefined oil” means a lubricant base stock or oil base that has been derived from used oil and meets all the following criteria: (1) Processed using a series of mechanical or chemical methods, or both, including at a minimum, but not limited to, vacuum distillation, followed by solvent refining or hydrotreating. (2) Capable of meeting the Physical and Compositional Properties, in addition to the Contaminants and Toxicological Properties, as defined under the American Society for Testing and Materials (ASTM) D6074-99 standard. (3) Processed into a material that has a performance quality level suitable for use in a finished lubricant. (b) A producer of a rerefined base stock shall provide a purchaser of that base stock with information that certifies that the rerefined base stock is rerefined oil, as that term is defined by subdivision (a). Any rerefined base stock that does not comply with subdivision (a) shall not be sold as rerefined oil and is subject to all applicable hazard, personal protection, and risk communication requirements until subsequent testing demonstrates compliance with subdivision (a). (Added by Stats. 2009, Ch. 353, Sec. 4. (SB 546) Effective January 1, 2010.)
  152. 48620.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    For mitigation purposes, “stormwater pollution” does not include runoff at a specific facility, even if the facility has no point source.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48620.5. “Stormwater pollution” for purposes of mitigation does not include runoff at a specific facility even if there is no point source at the facility. This pollution is from used oil and oil byproducts, often mixed with other solid waste, and is typically dispersed by urban stormwater and marina or boating activities, or both. (Added by Stats. 2001, Ch. 317, Sec. 3. Effective January 1, 2002.)
  153. 48621.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “used oil” and says it excludes articles contaminated with only de minimis quantities of used oil, including used oil filters, oily rags, and scrap metal.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48621. “Used oil” means used oil, as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. Used oil does not include articles contaminated with de minimis quantities of used oil, such as used oil filters, oily rags, and scrap metal. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  154. 48622.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    “Used oil collection center” means a business, governmental entity, or nonprofit organization that accepts used lubricating oil from the public and is exempt from certain hazardous waste facility permit requirements.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48622. “Used oil collection center” means a business, governmental entity, or nonprofit organization which accepts used lubricating oil from the public and which is exempt from hazardous waste facility permit requirements pursuant to subdivision (a) of Section 25250.11 of the Health and Safety Code. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  155. 48623.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “used oil hauler.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48623. “Used oil hauler” means a hazardous waste transporter registered pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code who transports used oil to a used oil recycling facility that is certified or registered with the board pursuant to Section 48662, to a used oil storage facility, or to a used oil transfer facility. (Amended by Stats. 2010, Ch. 504, Sec. 2. (SB 579) Effective January 1, 2011.)
  156. 48624.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “used oil recycling facility.”

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48624. “Used oil recycling facility” means a facility that is issued a hazardous waste facilities permit or grant of interim status by the department pursuant to Section 25200 or 25200.5 of the Health and Safety Code to convert used oil into recycled oil, or an out-of-state facility operating in substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations for the purpose of recycling used oil. (Amended by Stats. 2010, Ch. 504, Sec. 3. (SB 579) Effective January 1, 2011.)
  157. 48625.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    This section defines “used oil storage facility” and “used oil transfer facility” by reference to another code section.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 3. Definitions [48610 - 48625] ( Article 3 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48625. The following terms have the following meaning: (a) “Used oil storage facility” has the same meaning as defined in subdivision (g) of Section 25250.1 of the Health and Safety Code. (b) “Used oil transfer facility” has the same meaning as defined in subdivision (h) of Section 25250.1 of the Health and Safety Code. (Added by Stats. 1994, Ch. 1147, Sec. 5. Effective January 1, 1995.)
  158. 48630.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board must adopt a used oil recycling program by October 1, 1992.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48630. On or before October 1, 1992, the board shall adopt a used oil recycling program which promotes and develops alternatives to the illegal disposal of used oil. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  159. 48631.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The used oil recycling program must include several components, including incentives, grants and contracts, education, and reporting and enforcement measures.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48631. The used oil recycling program shall include, but is not limited to, all of the following: (a) A recycling incentive system as described in Article 6 (commencing with Section 48650). (b) Public and private grants and contracts, including, but not limited to, those between the board and local governments, nonprofit entities, and private entities for the purposes specified in Section 48632. (c) Development and implementation of an information and education program to promote safe and proper used oil collection and treatment methods, methods to reduce used oil generation, and advances in new and existing technologies, including, but not limited to, use of rerefined oil in automotive and industrial lubricants. (d) A reporting, monitoring, and enforcement program to ensure that all statutes and regulations relating to used oil are properly carried out. (Amended by Stats. 2009, Ch. 353, Sec. 6. (SB 546) Effective January 1, 2010.)
  160. 48632.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The Department of Resources Recycling and Recovery may issue grants or contracts to certain entities for specified used-oil recycling and education purposes, but local governments cannot receive funding for subdivision (e) projects unless they certify an approved stormwater management program and consistency with it.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 4. Used Oil Recycling [48630 - 48632] ( Article 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48632. The Department of Resources Recycling and Recovery may, pursuant to subdivision (b) of Section 48631, issue grants to or contract with local governments, nonprofit entities, and private entities, for any of the following purposes: (a) Providing and maintaining collection and recycling opportunities for used lubricating oil and filters that are in addition to those included in the local used oil collection programs adopted pursuant to Article 10 (commencing with Section 48690). (b) Research, testing, and demonstration projects for in-service uses, collection technologies, and end-of-life used oil management. (c) Developing uses and markets for low environmental impact products resulting from the recycling of used oil, including, but not limited to, promoting the manufacture of rerefined lubricating oil. (d) Product advancements and developments in lubricating oil resulting from, but not limited to, new requirements or technologies in fuel efficiency and performance, synthetic or biobased lubricants, alternative fuels, and methods to extend lubricating oil life. (e) Education and mitigation projects relating to stormwater pollution from used oil and its impacts on receiving waters, soils, and oceans. (f) A local government shall not receive a grant or contract pursuant to this section for any purpose identified in subdivision (e) unless the local government certifies that it has a stormwater management program that is approved by the appropriate California regional water quality control board and that the project approved for funding under subdivision (e) is consistent with that approved stormwater management program. (g) An information and education program pursuant to subdivision (c) of Section 48631. (Amended by Stats. 2010, Ch. 504, Sec. 4. (SB 579) Effective January 1, 2011.)
  161. 48640.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board must administer this chapter and may create a new division, bureau, office, or unit for organizational purposes.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48640. The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  162. 48641.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board may adopt additional rules and regulations it finds necessary or useful to carry out this chapter or its duties.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48641. In addition to any other regulations which the board is required by statute to adopt, the board may adopt any other rules and regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code which the board determines may be necessary or useful to carry out this chapter or any of the board’s duties or responsibilities imposed pursuant to this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  163. 48642.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board may prepare, publish, or issue printed pamphlets it finds necessary to share information about its activities under this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48642. The board may prepare, publish, or issue printed pamphlets, which the board determines to be necessary, for the dissemination of information concerning the activities of the board pursuant to this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  164. 48643.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board may use expertise from other state agencies and may contract or cooperate with an existing state agency when carrying out this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48643. In carrying out this chapter, the board may solicit and use any and all expertise available in other state agencies, including, but not limited to, the State Board of Equalization, and, where an existing state agency performs functions of a similar nature to the board’s functions, the board may contract with or cooperate with that agency in carrying out this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  165. 48644.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board must maintain access to a toll-free phone number for callers seeking used-oil recycling and disposal information.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48644. The board shall maintain access to a toll-free telephone number which is to be used for the purpose of informing callers of the following: (a) The permissible methods of recycling or disposing of used oil. (b) Specific establishments located in the area of the caller that have notified the board that they accept used oil. (Added by Stats. 1994, Ch. 1147, Sec. 7. Effective January 1, 1995.)
  166. 48645.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must finalize certain grant-related decisions in a public meeting and by vote, except for specified payments to local governments.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 5. Administration [48640 - 48645] ( Article 5 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48645. Except for payments made to local governments pursuant to paragraph (3) of subdivision (a) of Section 48653, final approval of applicant and project eligibility standards, scoring and evaluation processes, and awarding of grants under this chapter shall be made in a public meeting of, and pursuant to a vote of, the board. (Amended by Stats. 2009, Ch. 353, Sec. 10. (SB 546) Effective January 1, 2010.)
  167. 48650.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    Oil manufacturers must pay quarterly fees to the board for lubricating oil sold, transferred, or imported for use in the state, with reduced rates for certain rerefined lubricant and several exemptions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48650. (a) Except as provided in subdivisions (c) and (d), every oil manufacturer shall pay to the board, on or before the last day of the month following each quarter, an amount equal to six and one-half cents ($0.065) for every quart, or twenty-six cents ($0.26) for every gallon, of lubricating oil sold or transferred in the state, or imported into the state for use in the state in that quarter. For lubricating oil sold by weight, a weight to volume conversion factor of 7.5 pounds per gallon shall be used to determine the fee. Except as provided in subdivision (b), no payment is required for oil that meets any of the following: (1) Oil for which a payment has already been made to the board pursuant to this section. (2) Oil exported or sold for export from the state. (3) Oil sold for use in vessels operated in interstate or foreign commerce. (4) Oil imported into the state in the engine crankcase, transmission, gear box, or differential of an automobile, bus, truck, vessel, plane, train, or heavy equipment or machinery. (5) Bulk oil imported into, transferred in, or sold in the state to a motor carrier, as defined in Section 408 of the Vehicle Code, and used in a vehicle designated in subdivisions (a) and (b) of Section 34500 of the Vehicle Code. (6) The oil otherwise subject to payment pursuant to this subdivision has a volume of five gallons or less. (b) If oil exempted from payment pursuant to subdivision (a) is subsequently sold or transferred for use, or is used, in this state, and the use does not qualify for exemption pursuant to subdivision (a), the entity that sells, transfers, or uses the oil for a purpose that is not exempt from payment, shall make the payment specified in subdivision (a). (c) Every manufacturer of finished lubricant containing at least 70 percent rerefined base lubricant shall pay to the board an amount equal to three cents ($0.03) for every quart or twelve cents ($0.12) for every gallon sold or transferred in the state or imported into the state, pursuant to the schedule established in subdivision (a). (d) Except as provided in subdivision (c), on and after January 1, 2014, every oil manufacturer shall pay to the board an amount equal to six cents ($0.06) for every quart or twenty-four cents ($0.24) for every gallon of lubricating oil sold or transferred in the state or imported into the state, pursuant to the schedule established in subdivision (a). (Amended by Stats. 2009, Ch. 353, Sec. 11. (SB 546) Effective January 1, 2010.)
  168. 48650.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board may collect the fees under the Fee Collection Procedures Law for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48650.2. For the purposes of this chapter, the board may collect the fees pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). (Added by Stats. 1992, Ch. 1101, Sec. 6. Effective September 29, 1992.)
  169. 48650.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    This section lets eligible payers of a lubricating-oil payment claim repayment, but refund claims must be filed with the board and supported by an original invoice and required declarations.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48650.5. (a) Any person who has made a payment pursuant to Section 48650 on lubricating oil exempted from payment pursuant to subdivision (a) of Section 48650, and the payment was made either directly to the board, or indirectly to a vendor from whom it was purchased, by the adding of the amount of the payment to the price of the lubricating oil, shall be reimbursed and repaid the amount of the payment made on that oil, except as otherwise provided in this section. (b) The claimant of a refund shall present to the board a claim supported by the original invoice showing the purchase. The claim shall state the total amount of the lubricating oil purchased by the claimant and the manner and the equipment in which the claimant has used the lubricating oil. The claim shall not be under oath but shall contain, or be accompanied by, a written declaration that it is made under the penalty of perjury. (c) The board, upon the presentation of the claim and the invoice, shall pay the claimant from the payments collected under Section 48650 an amount equal to the payments collected on the lubricating oil in respect to which the refund is claimed. (d) Any person who willfully makes or subscribes to a claim for refund under this section which the person does not believe to be true and correct as to every material matter is guilty of a felony, and upon conviction thereof shall be subject to the penalties prescribed for perjury by the Penal Code. All applications for refund under this section based upon the exportation of lubricating oil from this state shall be filed with the board within the three months after the close of the calendar month in which the lubricating oil is exported or 13 months from the date of the purchase of the lubricating oil, whichever is later. Any application filed after the prescribed time shall not be considered by the board or any other agency or officer of the state for any purpose. (e) In lieu of the collection and refund of the payment on lubricating oil used by a manufacturer in a manner that entitles a purchaser to claim a refund under this section, the board may give a credit to the manufacturer upon the filing of a return and the determination of the amount of the fee. (f) In lieu of the collection and refund of the payment on lubricating oil exported by a licensed manufacturer for use outside the state in a manner that entitles a manufacturer to claim a refund pursuant to this section, the board may give a credit to the distributor upon his or her payment return and the determination of the amount of his or her payment, in accordance with such rules and regulations as the board may prescribe. (g) When an amount represented by a person to a customer as constituting reimbursement for fees due under this chapter is computed upon an amount that is not subject to that fee, or is in excess of that fee amount due, and is actually paid by the customer to the person, the amount so paid shall be returned by the person to the customer, upon notification by the board or by the customer that the excess has been ascertained. If the person fails or refuses to return that amount, the person shall remit to the board the amount so paid, if the amount was knowingly or mistakenly computed by the person upon an amount that is not subject to the fee, or is in excess of the fee due. (Amended by Stats. 1995, Ch. 822, Sec. 4. Effective January 1, 1996.)
  170. 48650.7.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    For oil transactions over 10 gallons, the invoice or other accounting must separately show the payment amount and the oil cost.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48650.7. In any transaction involving a total volume of oil subject to payment pursuant to Section 48650 in excess of 10 gallons, the invoice or other form of accounting of the transaction shall identify the amount of the payment separately from the cost of the oil. (Added by Stats. 1992, Ch. 1101, Sec. 9. Effective September 29, 1992.)
  171. 48651.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must pay a recycling incentive to certain oil-related collectors and generators when the used lubricating oil is routed through specified hauling and recycling paths.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48651. The board shall pay a recycling incentive pursuant to subdivision (a) of Section 48652 to every industrial generator, curbside collection program, and certified used oil collection center, for used lubricating oil collected from the public or generated by the certified used oil collection center or the industrial generator, if either of the following conditions apply: (a) The used lubricating oil is transported by a used oil hauler to a used oil storage facility or to a used oil transfer facility and that used oil storage facility or used oil transfer facility causes that oil to be transported by a used oil hauler to an in-state used oil recycling facility that is certified pursuant to subdivision (a) of Section 48662 or to an out-of-state used oil recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to paragraph (2) of subdivision (c) of Section 48662 for the purpose of producing recycled oil as defined in Section 48620. (b) The used lubricating oil is transported by a used oil hauler directly to an in-state used oil recycling facility that is certified pursuant to subdivision (a) of Section 48662, or to an out-of-state used oil recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to subdivision (c) of Section 48662, for the purpose of producing recycled oil, as defined in Section 48620. (Amended by Stats. 2010, Ch. 504, Sec. 5. (SB 579) Effective January 1, 2011.)
  172. 48651.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must pay a rerefining incentive to a qualifying recycling facility, and it must complete several used-oil policy review tasks and a report to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48651.5. (a) Effective January 1, 2013, the board, with regard to promoting the recycling of used lubricating oil into rerefined oil, shall pay a rerefining incentive pursuant to subdivision (b) of Section 48652 to a recycling facility for rerefined oil produced from used oil if all of the following conditions are met: (1) The facility is an in-state or out-of-state recycling facility that is certified in accordance with subdivision (c) of Section 48662 and produces rerefined base lubricant meeting the specifications of rerefined oil, as defined in Section 48620.2. (2) The used oil was generated and collected within the state and prior to treatment or processing has been tested to meet the definition of used oil, as specified in paragraph (1) of subdivision (a) of Section 25250.1 of the Health and Safety Code. (3) The facility submits to the board a completed used oil rerefining incentive payment claim in the form and manner that the board may prescribe. (b) (1) To further promote the safe management of used oil, and to review the changes in policy and program enacted by the Legislature by Chapter 353 of the Statutes of 2009, without implying that any further changes are necessary and warranted, the board, using existing financial resources, shall do all of the following: (A) Contract with a third-party consultant with recognized expertise in life-cycle assessments to coordinate a comprehensive life-cycle analysis of the used lubricating and industrial oil management process, from generation through collection, transportation, and reuse alternatives. (B) Solicit input from representatives of all used oil stakeholders in defining the scope and design of the life-cycle analysis, in conducting the life-cycle analysis, and in issuing a draft report for public review and comment. (C) Evaluate the positive and negative impacts of the testing requirements established in Section 25250.29 of the Health and Safety Code, the tiered fee on lubricating oil established in Section 48650, and the tiered incentive payments established in Section 48652, on used oil collection rates. (D) On or before January 1, 2014, submit a report to the Legislature, in compliance with Section 9795 of the Government Code, describing the findings of the life-cycle analysis and the evaluation of the used oil management policies on used oil collection rates specified in subparagraph (C) and provide any recommendations for statutory changes that may be necessary to promote increased collection and responsible management of used oil. (2) All costs incurred by the board and its contractors in meeting the requirements of this subdivision shall be covered by the additional one-half-cent ($0.005) fee established in subdivision (a) of Section 48650, and effective through December 31, 2013, pursuant to subdivision (d) of Section 48650. (c) The requirement for submitting a report pursuant to subparagraph (D) of paragraph (1) of subdivision (b) is inoperative on January 1, 2018. (Amended by Stats. 2010, Ch. 504, Sec. 6. (SB 579) Effective January 1, 2011.)
  173. 48652.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must set minimum recycling and rerefining incentives at specified per-unit amounts, with limited authority to set higher amounts if statutory conditions are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48652. (a) Except as provided in subdivision (d), the board shall set the recycling incentive at not less than ten cents ($0.10) per quart. The board may set the amount at an amount higher than ten cents ($0.10) if the board determines that a higher amount is necessary to promote the collection and recycling of used lubricating oil and sufficient funds are available in the fund. (b) On and after January 1, 2013, the board shall set the rerefining incentive at not less than two cents ($0.02) per gallon. On and after January 1, 2015, the board may set the rerefining incentive at a higher amount if the board determines that a higher amount is necessary to promote rerefining of used lubricating oil and sufficient funds are available in the fund. (c) The board shall not change the amount of an incentive paid pursuant to this section until at least one year has passed since the amount was last set. The amount of an incentive paid by the board shall remain at the previous amount for one month after setting the incentive at a different amount. The board shall not raise the amount of an incentive paid unless it finds that the raise will not adversely affect funding required pursuant to Sections 48631, 48653, and 48660.5. (d) The board shall set the recycling incentive for used oil generated by a certified used oil collection center and an industrial generator at not less than four cents ($0.04) per quart. The board may set the amount higher than four cents ($0.04), if the board determines that a higher amount is necessary to promote the collection and recycling of used lubricating oil from these generators and sufficient funds are available. (Amended by Stats. 2010, Ch. 504, Sec. 7. (SB 579) Effective January 1, 2011.)
  174. 48653.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must deposit certain revenues into the California Used Oil Recycling Fund and spend or transfer fund money only for the listed purposes and conditions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48653. The board shall deposit all amounts paid pursuant to Section 48650 by manufacturers, civil penalties, and fines paid pursuant to this chapter, and all other revenues received pursuant to this chapter into the California Used Oil Recycling Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, the money in the fund is to be appropriated solely as follows: (a) Continuously appropriated to the board for expenditure for the following purposes: (1) To pay recycling incentives pursuant to Section 48651. (2) To provide a reserve for contingencies, as may be available after making other payments required by this section, in an amount not to exceed one million dollars ($1,000,000). (3) (A) To make payments for the implementation of local used oil collection programs adopted pursuant to Article 10 (commencing with Section 48690) to cities, based on the city’s population, and counties, based on the population of the unincorporated area of the county. Payment shall be determined by multiplying the total annual amount by the fraction equal to the population of cities and counties that are eligible for payments pursuant to Section 48690, divided by the population of the state. The board shall use the latest population estimates of the state generated by the Demographic Research Unit of the Department of Finance in making the calculations required by this paragraph. Notwithstanding subdivision (b) of Section 48656, the total annual amount shall equal eleven million dollars ($11,000,000), subject to subparagraph (B). (B) If sufficient funds are not available to initially issue full funding pursuant to subparagraph (A), the board shall provide funding as follows: (i) For the purposes set forth in this paragraph, one-half of the amount that remains in the fund after the expenditures are made pursuant to paragraphs (1) and (2) and subdivision (b). The board may utilize additional amounts from the fund, up to, but not exceeding, eleven million dollars ($11,000,000). (ii) As the board finds is fiscally appropriate, for the purposes set forth in Section 48656. The board shall give priority to the distribution of funding in clause (i) for the purposes of this paragraph. (C) Pursuant to paragraph (2) of subdivision (d) of Section 48691, it is the intent of this paragraph that at least one million dollars ($1,000,000) be made available specifically for used oil filter collection and recycling programs. (4) To implement Section 48660.5, in an amount not to exceed two hundred thousand dollars ($200,000) annually. (5) For expenditures pursuant to Section 48656. (b) The money in the fund may be expended by the board for the administration of this chapter and by the department for inspections and reports pursuant to Section 48661, only upon appropriation by the Legislature in the annual Budget Act. (c) (1) Except as provided in paragraph (2), the money in the fund may be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement Account in the General Fund, upon appropriation by the Legislature in the annual Budget Act, to pay the costs associated with implementing and operating the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program established pursuant to Chapter 2.5 (commencing with Section 48100). (2) The money in the fund attributable to a charge increase or adjustment made or authorized in an amendment to subdivision (a) of Section 48650 by the act adding this paragraph shall not be transferred to the Farm and Ranch Solid Waste Cleanup and Abatement Account. (d) The money in the fund may be expended by the Department of Resources Recycling and Recovery, upon appropriation by the Legislature, pursuant to paragraph (4) of subdivision (a) of, and paragraph (4) of subdivision (b) of, Section 17001. (e) Appropriations to the board to pay the costs necessary to administer this chapter shall not exceed three million dollars ($3,000,000) annually. (f) The Legislature hereby finds and declares its intent that three hundred fifty thousand dollars ($350,000) should be annually appropriated from the California Used Oil Recycling Fund in the annual Budget Act to the board, commencing with fiscal year 2010–11, for the purposes of Section 48655 and to conduct those investigations and enforcement actions necessary to ensure a used oil storage facility or used oil transfer facility causes the used lubricating oil to be transported, as required by subdivision (a) of Section 48651. (Amended by Stats. 2019, Ch. 29, Sec. 130. (SB 82) Effective June 27, 2019.)
  175. 48655.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board may contract with the department to use department resources for stronger investigation and enforcement efforts. The department must help the board develop the used oil program and help local governments remove barriers to used oil collection programs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48655. The board may enter into a contract with the department that will utilize the resources of the department to provide for greater investigation and enforcement efforts for used lubricating oil handling and storage and transfer facility operations. The department shall assist the board in developing the used oil program and providing assistance to local governments in removing barriers to the establishment of used oil collection programs. (Added by Stats. 1995, Ch. 822, Sec. 7. Effective January 1, 1996.)
  176. 48656.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    After certain expenditures are made, the remaining fund balance may be used by the board for specified purposes, including implementing related sections and paying rerefining incentives if enough funds are available.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48656. After all of the expenditures pursuant to Section 48653 have been made, notwithstanding paragraph (5) of subdivision (a) of Section 48653, the balance remaining in the fund shall be available to the board for the following purposes: (a) The implementation of subdivisions (b) and (c) of Section 48631 and Section 48651.5, subject to both of the following requirements: (1) The allocation of funds to implement subdivisions (b) and (c) of Section 48631 shall be at the discretion of the board to be determined annually in a public meeting and pursuant to a vote of the board. (2) The board shall pay rerefining incentives pursuant to Section 48651.5 if sufficient funds are available in the fund. (b) Annual revenues left unspent in excess of one million dollars ($1,000,000) shall be allocated pursuant to paragraph (3) of subdivision (a) of Section 48653 for local collection programs adopted pursuant to Article 10 (commencing with Section 48690). (Amended by Stats. 2009, Ch. 353, Sec. 17. (SB 546) Effective January 1, 2010.)
  177. 48657.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must keep accurate books, records, and accounts, and those records are subject to annual audit. The board or the auditing firm must also carry out a selective audit about payments tied to Section 48650 and related oil-sale and grant payments.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 6. Financial Provisions [48650 - 48657] ( Article 6 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48657. The board shall keep accurate books, records, and accounts of all of its dealings, and these books, records, and accounts, and any amounts paid into or from the fund, are subject to an annual audit by an auditing firm selected by the board. The auditing firm or the board shall also conduct a selective audit of entities making payments to, or receiving payments from, the board to determine whether payments required by Section 48650 are being paid to the board on all lubricating oil sold in California, and that grants and recycling incentives are being paid out properly by the board. (Amended by Stats. 1996, Ch. 1038, Sec. 38. Effective September 29, 1996.)
  178. 48660.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Used oil collection centers must meet certification conditions, accept used lubricating oil without charge during business hours, pay the recycling incentive amount on request, provide public notice, and reapply for certification every four years.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48660. (a) No used oil collection center shall be eligible for the payment of recycling incentives until the board has certified that the center is in compliance with the requirements in subdivision (b). Before certification, the board may require the center to submit any information that the board determines is necessary to find that the center is in compliance with those requirements. A center shall reapply for certification every four years. The board may cancel the certification of a center if the board finds that the center is not, or has not been, in compliance with subdivision (b). The board may withhold the payment of recycling incentives for used lubricating oil collected by a center if the board finds that the center was not in compliance with subdivision (b) during the time in which the used lubricating oil was collected. (b) To be eligible for certification by the board and for the payment of recycling incentives, the used oil collection center shall do all of the following: (1) Accept used lubricating oil from the public at no charge during the hours that the entity operating as the center is open for business. (2) Pay to a person, at his or her request, an amount equal to the recycling incentive that the center will receive for used lubricating oil brought to the center in containers by the person. Nothing in this chapter prohibits a person from donating used lubricating oil to a center. The recycling incentive may be in the form of a credit that may be applied toward the purchase of goods or services offered by the center, as determined by the board. The credit shall be in the form of a voucher or coupon with a value of at least twice the incentive amount to be paid pursuant to Section 48652 and have no other limits for use, unless prescribed by the board. (3) Provide information to the board for informing the public of the center’s acceptance of used lubricating oil. (4) Provide notice to the public of the center’s acceptance of used lubricating oil from the public through periodic advertising in local media and onsite signs that meet the following requirements: (A) Onsite signs shall be of a design and specification prescribed by the board and shall state that the center is certified by the state and collects used oil from the public at no charge. (B) A certified center shall post an exterior sign of a design and specification prescribed by the board in a location that is easily visible from a public street. In addition, the certified center shall post an informational sign of a design and specification prescribed by the board so that it is easily readable from the location where the used oil is received from the public. (C) If local zoning ordinances prevent signs of a size consistent with this paragraph, the exterior symbolic sign shall be of the maximum allowable size. (c) Notwithstanding subdivision (b), a used oil collection center may refuse to accept used lubricating oil that has been contaminated in a manner other than that which would occur through normal use. (d) Notwithstanding subdivision (b), a used oil collection center shall not knowingly accept used lubricating oil for which a payment has not been made pursuant to Section 48650. (Amended by Stats. 2009, Ch. 353, Sec. 18. (SB 546) Effective January 1, 2010.)
  179. 48660.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board must reimburse certain small-rural-county used-oil collection centers or programs for extra disposal costs when contaminated used oil cannot be recycled, if eligibility requirements are met.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48660.5. (a) If the board finds that a shipment of used oil from a certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county is contaminated by hazardous materials in excess of that which generally occurs in normal use, which renders the used oil infeasible for recycling, and requires that the used oil be destroyed at a substantially higher cost than the cost generally to recycle used oil, the board shall, upon application by the used oil collection center or curbside collection program, reimburse the center or program for the additional disposal cost, subject to the eligibility requirements of subdivision (b), except as provided in subdivision (c). (b) A certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county is eligible for reimbursement only if it demonstrates to the satisfaction of the board all of the following, except that paragraph (1) does not apply to an uncertified publicly funded used oil collection center in a small rural county: (1) The center or program has established procedures to ensure that the used oil it generates and accepts from the public will not be mixed with other hazardous wastes, especially halogen-contaminated and polychlorinated biphenyl-contaminated wastes. These procedures shall include, but not be limited to, instructing the public and employees that used oil shall not be mixed with other hazardous waste. The board shall not require a center or program to test used oil received from the public as part of these procedures. (2) The shipment contains not more than five gallons or pounds of contaminants combined, based on the contaminant concentrations and the total volume or weight of the shipment. (c) In a calendar year, a certified used oil collection center, curbside collection program, or uncertified publicly funded used oil collection center in a small rural county shall be reimbursed for not more than one shipment and for not more than five thousand dollars ($5,000) in disposal costs for halogen-contaminated waste or not more than the actual net additional costs of disposing of polychlorinated biphenyl-contaminated wastes, subject to the availability of funds pursuant to paragraph (4) of subdivision (a) of Section 48653. (Amended by Stats. 2010, Ch. 504, Sec. 10. (SB 579) Effective January 1, 2011.)
  180. 48661.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The department must inspect used oil recycling facilities every year and, within 135 days after each inspection, submit a report to the board.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48661. (a) On and after July 1, 1992, the department shall annually inspect used oil recycling facilities. (b) Within 135 days following inspection, the department shall submit a report to the board, describing all of the following: (1) Any violations of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code. (2) Any corrective actions ordered or agreed to by the department. (3) Progress by the facility in correcting violations identified in previous inspections. (c) In the report required by subdivision (b), the department shall specifically state whether any of the following occurred: (1) The department has identified violations of subdivision (c) of Section 25250.1 of the Health and Safety Code regarding achievement of minimum standards of purity for recycled oil. (2) The department has identified violations of regulations requiring financial responsibility assurance for liability, closure, and postclosure obligations. (3) Where prior contamination has been identified, the facility has an approved corrective action plan and has not been found to be in violation of its requirements. (4) The department has identified violations that meet the criteria for class 1 violations, as defined in Section 66260.10 of Title 22 of the California Code of Regulations. (Amended by Stats. 1994, Ch. 1147, Sec. 12. Effective January 1, 1995.)
  181. 48662.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    The board must certify or recertify certain used oil recycling facilities, require some out-of-state facilities to register, and may later certify a facility that was previously denied if it meets the standards.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 7. Certification [48660 - 48662] ( Article 7 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48662. (a) The board shall certify or recertify a used oil recycling facility located in this state for which the board has received a report from the department pursuant to Section 48661, unless the board determines that the facility is engaged in a repeating or recurring pattern of noncompliance that poses a significant threat to public health and safety or the environment. (b) The board shall require an out-of-state recycling facility, that receives used oil from a California generator and to which a recycling incentive may be paid, to register with the board declaring under penalty of perjury that the facility is operating in substantial compliance with Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations. An out-of-state recycling facility registering with the board pursuant to this subdivision shall, upon request, provide the board or the department with a copy of any inspection report issued for the facility by, or any other enforcement related documents available to, the agency responsible for enforcing Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations at the facility. (c) The board shall certify or recertify a rerefiner of used oil, which may be located in this state or be an out-of-state facility, for which the board has received a report from the department that the facility meets either of the following requirements: (1) If the used oil recycling facility is located in this state, the used oil recycling facility is certified pursuant to subdivision (a) and produces rerefined base lubricant meeting the specifications in Section 48620.2. (2) If the used oil recycling facility is an out-of-state facility, the facility demonstrates to the satisfaction of the department all of the following: (A) The facility substantially meets the requirements in Part 279 (commencing with Section 279.1) of Title 40 of the Code of Federal Regulations. (B) The facility produces rerefined base lubricant meeting the specifications in Section 48620.2. An out-of-state recycling facility certified by the board pursuant to this subdivision shall, upon request, provide the board or the department with a copy of records demonstrating that the used oil has been recycled to meet the specifications for rerefined oil, as defined in Section 48620.2. (d) An out-of-state facility that seeks certification shall, pursuant to subdivision (c), annually certify in writing to the board, under penalty of perjury, that the facility substantially meets the requirements in paragraph (2) of subdivision (c). (e) Paragraph (2) of subdivision (c) does not require the department to inspect or prohibit the department from inspecting an out-of-state facility to determine whether the department is satisfied that the facility substantially meets the requirements for certification. (f) As a condition of demonstrating compliance pursuant to paragraph (2) of subdivision (c), a facility shall enter into an agreement with the department pursuant to Section 25201.9 of the Health and Safety Code to pay the department’s full expenses of conducting the review and any inspection costs the department may incur in determining whether the facility meets the requirements for certification. (g) If the board denies certification to a facility subject to subdivision (a) or (c), the board may subsequently certify the facility if it determines that the facility meets the standards for certification. (Amended by Stats. 2010, Ch. 504, Sec. 11. (SB 579) Effective January 1, 2011.)
  182. 48670.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Certain used-oil-related operators must file quarterly reports with the board to qualify for a recycling incentive, and the reports are due by the 45th day after each quarter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48670. (a) To be eligible for payment of a recycling incentive, an industrial generator of used lubricating oil, a used oil collection center, or a curbside collection program shall report to the board, for each quarter, based on the following reporting limitations and requirements: (1) The amount of lubricating oil purchased and the amount of used lubricating oil that is transported to a certified used oil recycling facility, to a used oil storage facility, or to a used oil transfer facility, or that is transported to an out-of-state recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to paragraph (2) of subdivision (c) of Section 48662. (2) The amount of used lubricating oil collected from the public, for use in determining the recycling incentive payment, that is transported to a certified used oil recycling facility, to a used oil storage facility, or to a used oil transfer facility, or that is transported to an out-of-state recycling facility registered pursuant to subdivision (b) of Section 48662 or certified pursuant to paragraph (2) of subdivision (c) of Section 48662. (b) The reports shall be submitted on or before the 45th day following each quarter, in the form and manner that the board may prescribe, and shall include copies of manifests or modified manifest receipts from used oil haulers. (c) The board may delegate to its executive officer the authority to accept reports submitted after the 45th day and to reduce, eliminate, or approve the amount of incentive fee to be paid due to the late submission of the report. The board may provide, by regulation, for a longer reporting period for industrial generators that generate less than 1,000 gallons of used oil annually. (Amended by Stats. 2010, Ch. 504, Sec. 12. (SB 579) Effective January 1, 2011.)
  183. 48671.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Oil manufacturers selling or offering to sell lubricating or industrial oil in this state must file monthly reports with the board showing the amount sold, unless the total volume to report is five gallons or less.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48671. Every oil manufacturer who sells, or offers to sell, lubricating or industrial oil in this state shall report to the board for each month the amount of lubricating or industrial oil sold. The reports shall be submitted by the day when payment required by Section 48650 is or would be due, in the form and manner which the board may prescribe. However, an oil manufacturer is not required to report to the board when the total volume of oil to be reported is five gallons or less. (Amended by Stats. 1992, Ch. 1101, Sec. 15. Effective September 29, 1992.)
  184. 48671.5.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Manufacturers of certain oil containers sold to consumers in California must either put a specified used-oil warning label on the container or give retailers written materials or signs with that information.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48671.5. The manufacturer of every container that contains lubricating oils or industrial oils, and which is intended for sale to consumers in California, shall do either of the following: (a) Label the containers in at least seven-point typeface as follows: “Used oil is generally classified as a hazardous waste in California. Do not dispose of used oil in garbage, sewers, or the ground. To find out how to properly recycle used oil in your area, call (800) ____.” The toll-free telephone number on the label shall be the number maintained by the board pursuant to Section 48644. (b) Provide signs or other written material to retailers appropriate for informing consumers of the information that would otherwise be contained in the label set forth in paragraph (a). (Added by Stats. 1994, Ch. 1147, Sec. 14. Effective January 1, 1995.)
  185. 48672.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Used oil haulers must report quarterly transport information to the board and submit the reports by the end of the following month.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48672. Beginning May 1, 1992, every used oil hauler shall report to the board for each quarter the amount of used oil transported, the location to which it is transported, and the source of the used oil. The hauler shall provide estimates, where feasible, of the amount which is used lubricating oil and the amount which is used industrial oil. The reports shall be submitted on or before the last day of the month following each quarter, in the form and manner which the board may prescribe. (Amended by Stats. 1992, Ch. 1101, Sec. 16. Effective September 29, 1992.)
  186. 48673.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

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    Certain used oil recycling facilities must report quarterly to the board on used oil received and what happens to it, and submit the report by the last day of the next month.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48673. (a) A used oil recycling facility issued a permit by the department to produce recycled oil, as defined in Section 25250.1 of the Health and Safety Code, and an out-of-state recycling facility that is either registered with the board pursuant to subdivision (b) of Section 48662 or certified by the board pursuant to paragraph (2) of subdivision (c) of Section 48662, shall report to the board for each quarter the amount of California used oil received and its disposition, including the volume of any resultant product. (b) A facility subject to this section shall provide estimates, where feasible, of the amount that is used lubricating oil and the amount that is used industrial oil. (c) The reports required by this section shall be submitted on or before the last day of the month following each quarter, in the form and manner that the board may prescribe. (Amended by Stats. 2010, Ch. 504, Sec. 13. (SB 579) Effective January 1, 2011.)
  187. 48674.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

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    After receiving certain payments, each local government must submit an annual report to the board in the board’s required format.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48674. After receiving payments pursuant to paragraph (3) of subdivision (a) of Section 48653, each local government shall submit an annual report to the board, in the manner specified by the board, that includes any revision to the local used oil collection program adopted pursuant to Section 48690, a description of all measures taken to implement the program, and a description of how payments were expended. (Amended by Stats. 2010, Ch. 504, Sec. 14. (SB 579) Effective January 1, 2011.)
  188. 48675.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must set procedures to protect proprietary information gathered while collecting information for this chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48675. The board shall establish procedures to protect any proprietary information concerning sales, purchases, and operations obtained while collecting information for carrying out this chapter. (Added by Stats. 1991, Ch. 817, Sec. 5.)
  189. 48676.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. )

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    The board must post an annual report on its Internet Web site.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 8. Reporting [48670 - 48676] ( Article 8 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48676. The board shall make available on its Internet Web site an annual report that includes the accumulated industrial and lubricating oil sales and used oil recycling rates. (Amended by Stats. 2010, Ch. 504, Sec. 15. (SB 579) Effective January 1, 2011.)
  190. 48680.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 9. Enforcement [48680- 48680.] ( Article 9 added by Stats. 1991, Ch. 817, Sec. 5. )

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    A violation of this chapter can be an infraction, fraud, or a misdemeanor, and the board may also assess a civil penalty.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 9. Enforcement [48680- 48680.] ( Article 9 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48680. (a) Except as provided in subdivision (b), in addition to any other civil or criminal penalties, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable by a fine of not more than one hundred dollars ($100) per day for each day the violation occurs. (b) (1) Every person who, with intent to defraud, does not accurately report the amount of oil sold, collected, or transferred pursuant to Article 8 (commencing with Section 48670), who, with intent to defraud, does not make payments as required by Section 48650, or who knowingly receives or pays a recycling incentive for oil upon which a payment has not been made pursuant to Section 48650 is guilty of fraud. If the money obtained or withheld is four hundred dollars ($400) or less, the fraud is punishable by imprisonment in the county jail for not more than six months, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. If the money obtained or withheld is more than four hundred dollars ($400), the fraud is punishable by imprisonment in the county jail for not more than one year or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by a fine not exceeding ten thousand dollars ($10,000), or twice the late or unmade payments plus interest, whichever is greater, or by both that fine and imprisonment. (2) Any person who claims an exemption pursuant to this chapter which the person knows to be false, and makes that claim for the purpose of willfully evading the payment of any fee imposed pursuant to this chapter, is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one year. The person shall also be subject to payment of a fine not to exceed five thousand dollars ($5,000). The fine shall be distributed as follows: (A) Fifty percent to the local jurisdiction which undertook the prosecution. (B) Fifty percent to the General Fund. (c) Any person who violates this chapter may be assessed a civil penalty by the board of not more than one hundred dollars ($100) per day for each day the violation occurs or continues, pursuant to a hearing and notice. (Amended by Stats. 2011, Ch. 15, Sec. 560. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  191. 48690.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 10. Local Used Oil Collection Program [48690 - 48691] ( Article 10 added by Stats. 1991, Ch. 817, Sec. 5. )

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    This section lets a local government receive payment if it submits a local used oil collection program and a required report, and lets the board redirect or pay another entity in some cases.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 10. Local Used Oil Collection Program [48690 - 48691] ( Article 10 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48690. A local government is eligible for a payment pursuant to paragraph (3) of subdivision (a) of Section 48653, if it develops and submits a local used oil collection program to the board pursuant to Section 48691 and files a report pursuant to Section 48674. The board shall make a payment to every local government that submits a program and files a report unless the board finds that the program or its implementation does not comply with criteria contained in this article. The board may make a payment to another entity that will implement the program of a local government in lieu of making a payment to that local government with the concurrence of that local government. A payment issued by the board pursuant to this section may take the form of an advance payment. If a local government does not implement a used oil collection program or chooses not to accept the payment pursuant to paragraph (3) of subdivision (a) of Section 48653, the board may allocate that local government’s payment to another local government that commits to implementing a used oil collection program pursuant to Section 48691 and serving the residents of the nonparticipating local government, if any program implemented within the boundaries of the nonparticipating jurisdiction is approved by the nonparticipating jurisdiction. (Amended by Stats. 2009, Ch. 353, Sec. 24. (SB 546) Effective January 1, 2010.)
  192. 48691.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 10. Local Used Oil Collection Program [48690 - 48691] ( Article 10 added by Stats. 1991, Ch. 817, Sec. 5. )

    Verify source ↗

    Local used oil collection programs must provide oil collection and include public education, and local governments may add related program features under stated conditions.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 4. California Oil Recycling Enhancement [48600 - 48691] ( Chapter 4 added by Stats. 1991, Ch. 817, Sec. 5. ) ## ARTICLE 10. Local Used Oil Collection Program [48690 - 48691] ( Article 10 added by Stats. 1991, Ch. 817, Sec. 5. ) ## 48691. (a) A local used oil collection program shall provide for used lubricating oil collection by either of the following or a combination of the two: (1) Ensuring that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection, that accepts oil from the public at no charge, during the hours the center is open for business. (2) Providing used oil curbside collection at least once a month. (b) A local used oil collection program shall include a public education program that informs the public of locally available used oil recycling opportunities. (c) A local government may implement its used oil collection program in conjunction with other similar programs in order to improve used oil recycling efficiency. (d) A local government that has implemented the used oil collection and education elements of subdivisions (a) and (b) may also include, in the local used oil collection program one or both of the following: (1) Provisions for the mitigation and the collection of oil and oil byproducts, including other solid waste that may be mixed with oil or oil byproducts from stormwater runoff, including devices to capture that stormwater runoff, such as the use of storm drain inlet filter devices. A local government shall not receive a payment pursuant to Section 48690 for the purposes identified pursuant to this paragraph unless the local government certifies that it has a stormwater management program that is approved by the appropriate California regional water quality control board and that the provisions in the local used oil collection program approved for funding under this paragraph are consistent with that approved stormwater management program. (2) A used oil filter collection and recycling program. (Amended by Stats. 2010, Ch. 504, Sec. 16. (SB 579) Effective January 1, 2011.)
  193. 48700.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    This section says the paint product recovery program is meant to require paint manufacturers to create and run a program to collect, transport, and process postconsumer paint.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48700. The purpose of the paint product recovery program established pursuant to this chapter is to require paint manufacturers to develop and implement a program to collect, transport, and process postconsumer paint to reduce the costs and environmental impacts of the disposal of postconsumer paint in this state. (Amended by Stats. 2024, Ch. 989, Sec. 8. (SB 1143) Effective January 1, 2025.)
  194. 48701.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    This section defines key terms used in the Paint Product Recovery Program chapter.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48701. For purposes of this chapter, the following terms have the following meanings: (a) (1) “Aerosol coating product” means a pressurized coating product containing pigments or resins dispensed by means of a propellant and packaged and sold in a disposable aerosol container for handheld application, or for use in specialized equipment for ground traffic or marking applications. (2) “Aerosol coating product” does not include paint thinner, paint remover, graffiti remover, caulking compounds that contain no appreciable level of opaque fillers or pigments, products subject to Article 1 (commencing with Section 94500) or Article 2 (commencing with Section 94507) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations, or other nonaerosol coating products not regulated under Article 3 (commencing with Section 94520) of Subchapter 8.5 of Chapter 1 of Division 3 of Title 17 of the California Code of Regulations. (b) “Coating-related product” means a product used as a paint thinner, paint colorant, paint additive, paint remover, surface sealant, surface preparation, or surface adhesive and sold for home improvement. For purposes of this subdivision, “home improvement” has the same meaning as defined in Section 7151 of the Business and Professions Code. (c) “Consumer” means a purchaser or owner of a paint product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity. (d) “Department” means the Department of Resources Recycling and Recovery. (e) “Distributor” means a person that has a contractual relationship with one or more manufacturers to market and sell paint products to retailers. (f) “Manufacturer” means a manufacturer of a paint product. (g) “Nonindustrial coating” means arts and crafts paint, automotive refinish paint, driveway sealer, faux finish or glaze, furniture oil, furniture paint, lime wash, lime paint, marine paint, antifouling paint, road and traffic marking paint, two-component paint, wood preservative, fire retardant paint, dry fog paint, chalkboard paint, and conductive paint, sold in containers of five gallons or less for commercial and homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use. (h) (1) “Paint product” includes all of the following: (A) Interior and exterior architectural coatings, sold in containers of five gallons or less for commercial or homeowner use, but does not include coatings purchased for industrial or original equipment manufacturer use. (B) Aerosol coating products. (C) Nonindustrial coatings and coating-related products sold in containers of five gallons or less for commercial or homeowner use, but does not include products purchased for industrial or original equipment manufacturer use. (2) “Paint product” does not include a health and beauty product. (i) “Permanent collection site” means a permanent location in the state where discarded paint products may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused or otherwise managed. (j) “Postconsumer paint” means a paint product not used by the purchaser. (k) “Retailer” means a person that sells paint products in the state to a consumer. For purposes of this subdivision, a sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the internet or any other similar electronic means. (l) “Stewardship organization” means an organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986 and formed for the purpose of implementing a stewardship plan to meet the requirements of this chapter. (m) “Stewardship plan” means a plan developed by a stewardship organization that meets the requirements of Sections 48703.1, 48703.2, 48703.3, and 48703.4, and is submitted to the department for approval pursuant to Section 48703. (n) “Temporary collection site” means a temporary location in the state where discarded paint products may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused or otherwise managed. (Amended by Stats. 2024, Ch. 989, Sec. 9. (SB 1143) Effective January 1, 2025.)
  195. 48701.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The department must adopt regulations to implement this chapter. Certain products are temporarily exempt from the chapter’s requirements until a plan is approved or January 1, 2028, whichever comes first. The department may also extend that implementation period if necessary.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48701.1. (a) The department shall adopt regulations to implement this chapter 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). Any regulations implementing this chapter as of January 1, 2025, shall remain in effect until they are amended or superseded by regulations adopted pursuant to this section. (b) Aerosol coating products, coating-related products, and nonindustrial coatings shall not be subject to the requirements of this chapter until the implementation date of a stewardship plan or an amendment to a stewardship plan concerning the applicable product is approved by the department, or January 1, 2028, whichever occurs sooner. The department may authorize an extension of this implementation if the department determines the extension is necessary to implement the requirements of this chapter. (Added by Stats. 2024, Ch. 989, Sec. 10. (SB 1143) Effective January 1, 2025.)
  196. 48702.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    Manufacturers must set up a stewardship program and meet reporting and notice requirements; stewardship organizations must send required information and compliance notices to the department.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48702. (a) To comply with the requirements of this chapter, a manufacturer shall establish and implement a stewardship program, either by itself or as part of a group of manufacturers participating in the stewardship organization. (b) No later than 30 days after the effective date of regulations adopted pursuant to Section 48701.1, each manufacturer, or a stewardship organization on behalf of the manufacturers participating in the stewardship organization, shall notify the department, in writing, that the manufacturer has registered or intends to register with the stewardship organization in accordance with the procedures and requirements established by the stewardship organization and will comply with those procedures and requirements. (c) No later than 180 days after the effective date of this chapter, a stewardship organization shall provide to the department, in a form and manner established by the department, all of the following: (1) A list of all participating manufacturers and their contact information, including names, physical and mailing addresses, email addresses, and telephone numbers. (2) A list of paint products and brands of paint products that each participating manufacturer sells, distributes for sale, imports for sale, or offers for sale in or into the state. The list shall be disaggregated according to manufacturer or retailer. (d) Each participating manufacturer shall update the information described in subdivision (c) and provide the updated information to the stewardship organization on or before January 15 of each year, within 30 days of changes to the information, and upon request of the department. (e) A manufacturer registered with the stewardship organization with an approved stewardship plan shall comply with the approved stewardship plan. (f) The stewardship organization shall notify the department within 30 calendar days of any the following: (1) The end of any three-month period in which the stewardship organization unsuccessfully attempted to obtain a fee, records, or information from a participating manufacturer, or received incomplete or incorrect records or information required by this chapter. (2) The date a manufacturer no longer participates in the stewardship organization’s approved stewardship plan. (3) Any instance of noncompliance by a participating manufacturer. (Repealed and added by Stats. 2024, Ch. 989, Sec. 12. (SB 1143) Effective January 1, 2025.)
  197. 48703.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    Manufacturers must submit a stewardship plan or amendments, and later implement an approved plan; the department must review, decide, and give notice on the plan within stated deadlines.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703. (a) Within 12 months of the effective date of the regulations adopted by the department pursuant to Section 48701.1, a manufacturer shall, individually or through a stewardship organization, submit to the department either of the following in a form and manner determined by the department: (1) A stewardship plan to accept and manage all postconsumer paint products. (2) Amendments to an approved stewardship plan to include all paint products. (b) (1) The department shall review the stewardship plan for compliance with this chapter and may approve or disapprove the stewardship plan within 120 days upon receipt. (2) The department shall approve the stewardship plan if it provides for the establishment of a stewardship program that meets the requirements of Sections 48703.1, 48703.2, 48703.3, and 48703.4. (3) If the department disapproves a stewardship plan or amendments to an approved stewardship plan, the department shall explain how the stewardship plan or the amendments to an approved stewardship plan do not comply with this chapter and provide written notice to the stewardship organization or manufacturer within 60 days of disapproval. (4) The stewardship organization or manufacturer may resubmit to the department a revised stewardship plan within 30 days of the date the written notice was provided, and the department shall review the revised stewardship plan within 60 days of its receipt of the resubmittal. (5) Within 24 months of the effective date of the regulations adopted by the department pursuant to Section 48701.1, the stewardship organization shall have a complete stewardship plan approved by the department and each manufacturer shall be subject to an approved stewardship plan to be compliant with this chapter. (c) An approved stewardship plan shall be a public record, except that financial, production, or sales data reported to the department by a manufacturer or the stewardship organization is not a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. The department may release financial, production, or sales data in summary form only so information cannot be attributable to a specific producer or to any other entity. (d) A manufacturer shall, individually or through a stewardship organization, implement the approved stewardship plan within 12 months of the department’s approval of the stewardship plan. (Repealed and added by Stats. 2024, Ch. 989, Sec. 14. (SB 1143) Effective January 1, 2025.)
  198. 48703.1.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The stewardship plan must show enough funding for the paint product recovery program and include a funding mechanism, required assessment details, and a budget that supports operating costs.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703.1. (a) The stewardship plan shall demonstrate sufficient funding for the stewardship program, including a funding mechanism for securing and disbursing funds to fully cover administrative, operational, and capital costs, including the assessment of charges on paint products covered by the program and sold by manufacturers in this state. (b) Administrative costs shall include the department’s actual and reasonable regulatory costs, which include full personnel costs, to implement and enforce this chapter as the criteria for all the costs are defined in the regulations adopted pursuant to Section 48701.1. For purposes of this subdivision, implementation begins once the department approves the stewardship plan, except the department’s costs include actual regulatory development costs and other startup costs incurred before the submittal of a stewardship plan and approval of a stewardship plan. (c) The funding mechanism shall include the stewardship assessment required by Section 48704.1 and a description of how it is calculated. (d) The funding mechanism shall include a budget that establishes a funding level sufficient to operate the stewardship organization, as applicable, in a prudent and responsible manner. The budget shall demonstrate how estimated revenues will cover all budgeted costs for each cost category. Budgeted costs may include, but are not be limited to, administrative costs, education and outreach costs, operational costs, and capital costs. (Added by Stats. 2024, Ch. 989, Sec. 15. (SB 1143) Effective January 1, 2025.)
  199. 48703.2.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The stewardship plan must include quantifiable, time-specific performance goals set by the manufacturer or stewardship organization.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703.2. The stewardship plan shall include quantifiable time-specific performance goals established by the manufacturer or stewardship organization to reduce the generation of postconsumer paint, to promote the reuse of postconsumer paint, and for the proper end-of-life management of postconsumer paint, including collection, recovery, and recycling of postconsumer paint, as practical, based on household hazardous waste program information. The goals may be revised by the manufacturer or stewardship organization based on the information collected for the annual report pursuant to Section 48705. (Added by Stats. 2024, Ch. 989, Sec. 16. (SB 1143) Effective January 1, 2025.)
  200. 48703.3.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. )

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    The stewardship plan must describe a free dropoff and convenient collection system for paint products, including approved collection sites, and it must address coordination with local hazardous waste collection programs where reasonably feasible and mutually agreeable.

    ## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 7. OTHER PROVISIONS [47000 - 48707] ( Part 7 added by Stats. 1989, Ch. 1095, Sec. 22. ) ## CHAPTER 5. Paint Product Recovery Program [48700 - 48707] ( Heading of Chapter 5 amended by Stats. 2024, Ch. 989, Sec. 7. ) ## 48703.3. (a) The stewardship plan shall describe how the manufacturer, individually or through a stewardship organization, will provide a free dropoff and convenient collection system for paint products, which shall include approved collection sites. (b) The stewardship plan shall address the coordination of the stewardship program with existing local household hazardous waste collection programs as much as is reasonably feasible and is mutually agreeable between those programs. (c) Approved collection sites shall meet all the conditions in Sections 25217.2 and 25217.2.1 of the Health and Safety Code for oil-based or recyclable latex paints, and Section 25201.16 of the Health and Safety Code for aerosol paint containers. (d) The manufacturer shall, individually or through a stewardship organization, include as an approved collection site under its stewardship plan any retailer that offers in writing to voluntarily participate in the stewardship plan and agrees to comply with any requirements that are consistent with the stewardship plan. (e) A manufacturer may, individually or through a stewardship organization, suspend or terminate use of an approved collection site that does not comply with all applicable state, federal, or municipal laws and regulations or adhere to the rules and conditions imposed by the stewardship organization. (Added by Stats. 2024, Ch. 989, Sec. 17. (SB 1143) Effective January 1, 2025.)

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