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(continued) The Examining Committee may, at a later time, request clarification of information contained in the application or supporting documents as provided in 1620.3.
(b) The applicant shall be informed, in writing, of the Board decision on registration within 360 days of filing. Postponement of the examination by the applicants shall extend this deadline in the same amount of time as the postponement.
(c) The actual minimum, median and maximum processing times for an application from the time of receipt of the application until the board makes a final decision on the application are:
(1) Minimum: 118 days
(2) Median: 152 days
(3) Maximum: 360 days
Note: Authority cited: Section 15376, Government Code; and Sections 759 and 763, Public Resources Code. Reference: Sections 759 and 763, Public Resources Code; and Section 15376, Government Code.
s 1620.3. Evidence of Qualifying Experience.
(a) The application, and any supporting documentation, shall present evidence of qualifying experience in forestry work, and any educational degree(s) substituted therefor:
(b) The qualifying experience for registration shall be computed to the final application filing date for each examination.
(c) Applicants claiming credit under educational provisions shall document such claims with an official transcript of record or comparable document or certified copy thereof, issued by the educational institution awarding the degree. Such records or transcripts shall be sent by the institution directly to the Board.
Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 767, 769 and 772, Public Resources Code.
s 1620.5. Year of Experience Defined.
s 1621. Evaluation of Qualifications to Take the Examination.
In complying with Sections 768 and 769(b) of the Code, the standards set forth in Sections 1621.1, 1621.2, 1621.3, 1621.4, 1622, and 1622.2 of this article are used to evaluate qualifications for authorization to take the exam.
Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 768 and 769, Public Resources Code.
s 1621.1. Qualifying Forestry Work Experiences.
(a) "Forestry work," within the meaning of Section 769 of the Code, includes those activities which demonstrate professional competence in the science, art, and practice of managing and using for human benefit while protecting the public interest, the natural resources that occur on and in association with, forest land.
(b) Forestry experience qualifying to take the exam shall demonstrate an increasing level of responsibility and complexity over the required time, and is more particularly classified as:
(1) Forest management, which includes that branch of forestry concerned with overall administration in forest economics, legal and social aspects; forest mensuration, forest regulation, and the development of access for protection and management of the resource.
(2) Silviculture, which includes the science and practice of controlling the composition, constitution, and growth of forests, including also stand improvement, forest nursery production, the techniques of seeding and planting, and reforestation.
(3) Forest protection, which includes the prevention and control of damage to forests, inclusive of control of forest pests; the prevention and control of wildfire; the protection of soils from erosion, and the reduction and repair of damage resulting form all of these and those related to climatic agent. Up to two years of the activities in this subsection qualify except when Section 1622(c) are met.
(4) Forest utilization which includes scaling, and logging involving felling, bucking, choker setting, and skidding/yarding. Up to two years of the activities in this subsection qualify except when Section 1622 of this article applies; additional time can qualify when conditions in 1622(c) are met.
(5) Forest and watershed management planning, initiated and carried out in:
(A) forest working plans,
(B) forest practice standards,
(C) management contracts,
(D) litigation reports and testimony,
(E) trespass,
(F) the development, maintenance and protection of wildlife habitat and forest range resources,
(G) forest recreation and environmental studies, and
(H) reconnaissance and mapping in conservation of forest and watershed lands and the yield thereof, including the investigation of wildlands soils.
(6) Other forest activities, including timber appraisals, forestry research, urban forestry, and teaching college or university courses in forestry.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1621.2. Non-Qualifying Forestry-Related Work Experience.
Some forestry-related activities are not considered "forestry work" experience within the meaning of Section 769 of the Code: landscape gardening; horticulture; arboriculture; tree surgery; loading and hauling of logs or other forest products, operations of wood manufacturing or remanufacturing plants; fire lookouts, dispatchers, and fire equipment operators; and agricultural pursuits not related to tree growing.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1621.3. Work Experience Obtained While In a Degree Program.
The following criteria applies to substitutions for forestry work experience toward the seven year requirement. No combination of education and work experience may be counted as more than twelve (12) months for any consecutive twelve month period. Thus, periods worked while in a substituted educational degree program do not qualify because this time is already included in the degree. Work periods that exceed the amount of degree time substituted do qualify.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1621.4. Substitution of Education for Experience.
(a) For the purpose of this article and in accordance with Section 769(b) of the Code, a course of study shall be deemed a major in forestry only (1) if the awarding institution specifically designated the course of study as a major in forestry or a direct derivative thereof such as a major in forest management or a major in forest science, and (2) if it provides the significant concepts in a working knowledge of forest biology, forestry in the social context, forest resources inventory, forest ecosystem management, and forest resources administration. The forest courses presenting such concepts and working knowledge shall be at a level qualifying for transfer credit in a program leading to the Bachelor of Science degree with a major in forestry at either the University of California, Berkeley, California Polytechnic State University at San Luis Obispo, or at Humboldt State University.
In accordance with these standards, a "major in forestry" for the purposes of this act are majors in forestry offered in California, at the University of California, Berkeley, California Polytechnic State University at San Luis Obispo, and Humboldt State University and the programs in forestry offered in other states, which meet the above standards including such programs offered at universities accredited at the time of applicant graduation by the Society of American Foresters (SAF) as of their most current list. The list(s) may be obtained from Professional Foresters Registration, or SAF, 5400 Grosvenor Lane, Bethesda, Maryland, 20814-2198.
(b) The following degrees are deemed the equivalent of four years of forestry experience:
(1) A Bachelor of Science degree with a Major in Forestry, or possession of a Bachelor of Science in Forestry degree from any college or university in the United States of Canada.
(2) A degree in forestry, however designated, from a foreign college or university based on completion of a program of at least four years of university level work with a major in forestry, subject to review and favorable recommendation of the Examining Committee.
(3) A Master of Forestry degree awarded an applicant who holds either a Bachelor of Science degree or a Bachelor of Arts degree with a major in a field other than forestry may submit such evidence as a comparable degree to the Bachelor of Science in Forestry degree.
(c) the Committee shall evaluate and determine, on a case-by-case basis, which other college or university degrees may be substituted as qualifying forestry work experience. In no case can any of the following be combined for more than four years substitution.
(1) A Bachelor of Science degree in a forestry-related field is not equivalent to a Bachelor of Science degree with a major in forestry. No more than two (2) years shall be substituted for such forestry-related fields including, but not limited to, wood science and technology, wildlife management, range management, soil science or conservation of natural resources.
(2) A Master of Science or Doctor of Philosophy degree in forestry or forestry-related fields can be substituted only when subsection 1621.4(b) of this article does not apply. No more than one (1) year for each of these degrees shall be substituted. A Master of Forestry degree is substituted for only one (1) year unless subsection 1621.4(b)(3) of this article applies.
(3) An Associate of Science or Associate of Arts with a "major in forestry" from one of the two-year colleges recognized at the time of applicant graduation by the Society of American Foresters can be substituted for two (2) years experience. The lists(s) may be obtained from Professional Foresters Registration, or SAF, 5400 Grosvenor Lane, Bethesda, Maryland, 20814-2198.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1622. Three Years of "Having Charge of Forestry Work," or "Under the Supervision of a Person Registered."
(a) The minimum of three (3) years "having charge of forestry work," or "forestry work under the supervision of a person registered, or qualified for, but exempt from registration" as specified in Sections 757 and 769(b) of the Code is evaluated using the criteria in subsection (b), below.
(b) "Supervision" shall be deemed adequate to meet the three year requirement if it includes the following elements:
(1) Supervisor is able to hire and fire or effectively recommend same, or is able to clearly withdraw professional responsibility for forestry related matters.
(2) Supervisor must perform regular and timely quality control, work review and inspection, both in the office and in the field, and be able to take, or effectively recommend, corrective actions where necessary. The frequency of review, inspection and guidance shall take into consideration the experience of the non-RPF and technical complexity of the job, but shall be sufficiently frequent to ensure the accomplishment of work to professional standards.
(c) The following limitations apply to the requirement of three years "having charge of forestry work," or "under the supervision of a person registered."
(1) Forestry work stated in subsection 1621.1(b)(3) and 1621.1(b)(4) of this article must be performed at planning and supervision levels; scaling does not qualify unless it is part of an apprentice trainee program under the direct supervision of an RPF.
(2) Only the Master of Forestry degree, in conjunction with a qualifying Bachelor of Science degree with a major in forestry, may be substituted for one of the three years required as provided in Section 769 of the Code.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1622.1. Nonforestry Activities.
Note: Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1622.2. Contracting Forestry Work Experience.
Forestry experience obtained while working as a contractor may be claimed as having charge of forestry work, or forestry work under the supervision of a person registered, or qualified but exempt from, registration provided:
(a) The applicant submits a copy of the contract and any documentation necessary to verify the appropriateness of experience.
(b) The contract required the work of the contractor to be supervised as stated in Section 1622(b) of this article.
(c) The contract or documentation specifies the various items of supervision including, but not limited to: training; frequency of contact both for professional and contract compliance purposes; office and field review; and how corrective actions can be taken.
(d) The contract or documentation has the names, current addresses, and phone numbers of each qualified forester who directly carries out this supervision. If the supervisor is Registered, the license number must be included.
Note: Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1623. College Education in Forestry As Equivalent to Forestry Work Experience.
Note: Authority cited: Sections 759 and 769, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1623.1. Degrees Equivalent to Four Years of Forestry Experience.
Note: Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1623.2. Restrictions to Applying College or University Degrees or Study As Equivalent to Experience.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1624. Date of Education and Experience.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1624.1. Denial of Application.
Note: Authority cited: Sections 759, 768, 769 and 774, Public Resources Code. Reference: Sections 768, 769 and 774, Public Resources Code.
s 1624.2. Authorization to Take Examination.
Note: Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1624.3. Notification of Authorization.
Note: Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1624.4. Successful Completion of Examination.
Note: Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1624.5. Approval of Application.
Note: Authority cited: Sections 759, 763 and 772, Public Resources Code. Reference: Sections 769, 770 and 772, Public Resources Code.
s 1624.6. Denial of Application for Failure to Pass Examination.
Note: Authority cited: Sections 759, 763 and 770, Public Resources Code. Reference: Sections 769 and 770, Public Resources Code and 1645 of Title 14, California Administrative Code.
s 1625. Year of Forestry Experience Defined.
Note: Authority cited: Sections 759 and 768, Public Resources Code. Reference: Section 769, Public Resources Code.
s 1626. Denial of Application.
If, in the judgment of the committee, based upon the evidence submitted, the applicant lacks the required qualifications, the committee shall deny the application without prejudice. The applicant shall be notified in writing of the reasons for denial and of the right to appeal such denial as provided in Section 1647 of this article.
Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 768, 769 and 774, Public Resources Code.
s 1627. Right to Appeal Denial of Application.
Note: Authority cited: Sections 759 and 765, Public Resources Code. Reference: Section 765, Public Resources Code.
s 1628. Abandoned Applications.
In the absence of special circumstances, the Board shall consider an application abandoned when:
(a) The applicant fails to submit a registration fee or specialty fee within sixty (60) days of the date of the letter of acceptance for registration or certification.
(b) The applicant fails to appear for a scheduled examination at the time set without obtaining an approved postponement.
(c) The applicant, after two postponements, fails to appear for the examination at the appointed time.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 767, Public Resources Code.
s 1629. Work Experience Year Defined.
s 1640. Notification of Authorization to Take Examination.
Not less than thirty (30) days prior to the examination, each applicant qualified to take the exam shall be notified in writing of the date, time, and place of the examination.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1640.1. Study Exams.
Copies of examination questions for the three (3) year period may be obtained upon payment of a fee covering direct cost of duplication as determined by the executive officer.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 763, Public Resources Code and Section 6257, Government Code.
s 1640.2. Scheduling Examinations.
An application received less than sixty (60) days prior to an announced examination date may be scheduled for the next examination.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 770, Public Resources Code.
s 1640.3. Examinations Prescribed.
The examination shall test the applicant's understanding of the significant concepts in and working knowledge of
(1) Forest Economics,
(2) Forest Protection,
(3) Silviculture,
(4) Forest Resources Management,
(5) Forest Resources Use,
(6) Dendrology,
(7) Forest Ecology,
(8) Forest Mensuration,
(9) Forest Policy, and
(10) Forest Administration, as these apply to the management of forest lands to produce goods and services, and in terms of the environmental effects of such activities.
The committee shall prepare and administer an examination on the foregoing principles whenever the committee deems it necessary, but not less than twice per year. The special examination which may be administered on the basis of reciprocity to a person licensed in another state may be limited in scope to those subjects which in the opinion of the committee are unique to the practice of forestry in California.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 770, Public Resources Code.
s 1641. Examination Facilities.
The Executive Officer shall make all of the necessary arrangements to provide adequate facilities and assistants to conduct examinations in such locations as may be required to accommodate the number of applicants to be examined.
s 1642. Examination Irregularities.
Examinees are forbidden to receive unauthorized assistance during the examination. Communication between examinees or the use of unauthorized material or matter or devices during the examination is strictly prohibited. An applicant engaging in such conduct during the examination shall be notified that the examination shall not be graded, and shall be denied the opportunity to take the following two examinations.
Note: Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1643. Successful Completion of Examination.
Following successful completion of the prescribed examination, the committee shall recommend to the Board approval for registration or certification of each qualified applicant.
Note: Authority cited: Sections 759 and 763, Public Resources Code. Reference: Section 763, Public Resources Code.
s 1644. Denial of Application for Failure to Pass Examination.
If an applicant fails to obtain a passing grade in the prescribed examination, the committee shall deny the application without prejudice. The applicant shall be notified in writing of the right to appeal the examination following the procedures provided in Section 1647 of this article.
Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 763, 765, 769 and 770, Public Resources Code.
s 1645. Inspection of Examination Papers.
An applicant who fails to receive a passing grade in the written examination may, within thirty (30) days of the examination results notice, request in writing:
(a) A copy of the examination questions, and/or
(b) obtain a copy of his/her own answers which will be mailed after receipt of payment of a fee covering the direct cost of duplication as determined by the executive officer.
(c) The applicant shall not be provided any answers of others, or the exam key. The Executive Officer shall not discuss any specific answers with the applicant because Expert Examiners mutually determine the answer scores.
Note: Authority cited: Section 759, Public Resources Code. Reference: Section 765, Public Resources Code; and Section 6257, Government Code.
s 1646. Examination Appeal.
Note: Authority cited: Sections 759 and 765, Public Resources Code. Reference: Section 765, Public Resources Code.
s 1647. Appeal Procedure.
Within thirty (30) days of mailing or personal service notice, any real party of interest may appeal the actions of the Committee or Executive Officer to the Board for a review in accordance with Section 765 of the Code. The appeal for review shall be made in writing, stating the reason therefore and citing the items against which the appeal is made. The Board's Executive Officer shall conduct a review thereon, and provide to the applicant the reasons for the decision along with a Notice of Defense form as required by Government Code 11506. The person may, by completing and returning the form, contest the results of the Board's executive officer review at a hearing with an Administrative Law Judge to assist the Board in its final determination in accordance with Chapter 5 of Part 1, Division 3, Title 2 of the Government Code, commencing with Section 11500.
Note: Authority cited: Section 759, Public Resources Code. Reference: Sections 765, 768, 769, 770 and 774, Public Resources Code.
s 1650. Specialties.
(a) As an alternative to being registered as a RPF, any person qualified pursuant to this Article is eligible for certification in a specialty. Both RPFs and non-RPFs are eligible for certification in a specialty. Only a person registered as a Certified Specialist may use the title of that specialty.
A certificate in each specialty created will be issued by the Board pursuant to the standards contained in Section 772 of the Code. Specialties will be created by regulation as the need arises.
(b) To protect the public interest, the following certified specialties shall be implemented and overseen by the Executive Officer, with the assistance of the Examining Committee:
(1) Certified Rangeland Management Specialty
(c) For independent certification programs submitted by a professional society or public agency pursuant to Section 772 of the Code, the following process shall apply:
(1) When a professional society or public agency establishes an internal certification panel for any or all of the following purposes: reviewing an applicant's qualifications, administering an examination to evaluate an applicant's professional understanding, awarding certifications, reviewing allegations of misconduct, and administering discipline; the panel members shall have first been certified by the Board as meeting the professional qualifications and standards for that Certified Specialty before undertaking their responsibilities pursuant to this Section. The certification of the panel members may be done by a subcommittee of the PFEC appointed by the Board and composed of resource professionals in good standing representing a broad cross section of employment and expertise in that specialty. All subsequent panel members shall also be certified in this manner.
(2) The PFEC shall be notified by the appropriate society or public agency of any Certified Specialist who is guilty of violations of professional standards and is issued discipline pursuant to the respective certification program. The Certified Specialist shall be subject to disciplinary actions by the Board as defined in this chapter for violation of those standards, or for violation of those standards promulgated by the Board pursuant to Section 778 of the Code.
(3) The PFEC shall be notified of any proposed actions to be taken by a professional society or public agency which may affect the specialty certification program of the society or public agency, including but not limited to modification of the requirements for certification or professional accountability. Any modifications to a specialty certification program must be approved by the PFEC prior to implementation or the program may be rejected by the Board. The modifications shall not significantly alter the qualifications and accountability within the original certification.
(4) Prior to March 1 of each calendar year, those Professional Societies and public agencies with independent certification programs shall submit to the PFEC a report which describes the previous calendar year accomplishments of the certification program, including but not limited to the number of applicants for certification, the approvals, denials, copies of examinations, and a summary of disciplinary actions, to insure the program fully protects the public interest. Failure to submit the report may result in a full review which may result in the rejection of the Certification program by the Board.
(d) All Certified Specialists are subject to annual registration and fees for renewal of Specialty Certificates pursuant to 14 CCR, Sections 1605 and 1607.
Note: Authority cited: Sections 759 and 762, Public Resources Code. Reference: Sections 762 and 772, Public Resources Code.
s 1651. Certified Rangeland Management Specialty.
(a) A "Certified Rangeland Manager (CRM)" is a person who provides services pursuant to 14 California Code of Regulations (CCR) 1602, at the request of the landowner or hiring agent, relating to the application of scientific principles to the art and science of managing rangelands and range. A Certified Rangeland Manager shall perform professional services only in those subjects in which he or she is competent by training and experience.
(b) When a CRM is providing range management services related to the production of forage and livestock on forested landscapes, a RPF shall be consulted if there are potential impacts on related forest resources.
(c) Qualifications as a Certified Rangeland Manager may be achieved by submitting evidence of certification by the California Section of the Society for Range Management (CA-SRM) as a Certified Rangeland Manager pursuant to its "Program for Certification of Professional Rangeland Managers" (PCPRM) dated June 5, 1992 and amended on November 4, 1993.
Note: Authority cited: Sections 759 and 762, Public Resources Code. Reference: Sections 762 and 772, Public Resources Code.
s 1655. Issues to Be Referred to the Board by the Director.
(a) If, in the exercise of the Director's powers pursuant to any state statute, the Director finds that there are not guidelines, standards, requirements or prohibitions contained therein, he or she shall immediately consult the Board for direction in the application of such laws.
(b) If application of any state law, other than the Forest Practice Act, raises substantial questions about the protection of the natural resources of the state under the provisions of the Forest Practice Act and would therefore bear on the Director's review of timber harvest plans pursuant to Sections 4582.7 and 4582.75 PRC, then the Director shall follow the same procedures as required by Section 4555 PRC and relevant regulations in 14 CAC 901 et seq.
(c) The rules and regulations of the Board, including the Forest Practice Rules, shall contain the policies of the Board for guidance of the Director in administering the Department. Such rules shall be interpreted to give recognition to all applicable state statutes and to harmonize questions of potential policy conflicts. If, during the administration of rules and regulations established by the Board, the Director finds conflicts, inconsistencies, or a lack of sufficiently clear standards to guide the Director or persons affected by the regulations, then the Director shall immediately seek clarification from the Board.
Note: Authority cited: Sections 740, 4551, 4552 and 4553, Public Resources Code. Reference: Sections 710, 740, 4552, 4555, 4582.7 and 4582.75, Public Resources Code; and NRDC v. Arcata, 59 Cal. App. 3d 959, 131 Cal. Rptr. 172 (1976).
s 1658. Criteria for County Assumption of SRA.
In approving the election of a county to assume responsibility for the prevention and suppression of all fires on all land in such county, excluding lands owned or controlled by the federal government or lands within the exterior boundaries of any city, the Director shall follow these criteria:
(a) The county shall have arrangements to provide a fire organization in place at the time of transfer, with sufficient financial support and of adequate size, depth and experience, to provide fire protection of the required type and level to the natural resources to be protected within State Responsibility Areas.
(b) The county shall submit a detailed plan that:
(1) Delineates placement of facilities, equipment and personnel for protection of State Responsibility Areas.
(2) Provides a method for orderly disposition of any state owned land and equipment, and placement of state personnel.
(3) Identifies equipment and personnel that are state supported and conditions under which the county agrees to make such personnel and equipment available to the State for authorized uses, including uses outside county boundaries.
(4) Identifies State Responsibility Areas within the county and provides the same or higher intensity of fire protection to these lands as is provided under existing levels of state protection in other comparable areas of the state.
(5) Provides for a contingency plan whereby the State will reassume protection of State Responsibility lands if the county does not provide required minimum levels of protection as required by the State.
(c) Local assumption shall not have a significant cumulative adverse effect on the ability of the Department, either geographically or organizationally, to provide the level of fire protection mandated statewide by the State Fire Plan.
(d) Local assumption shall not have a significant adverse impact on:
(1) Those agencies contracting with CDF for fire protection unless the county has arranged to assume the contract; and
(2) Federal agencies with which CDF maintains cooperative agreements and facilities.
Note: Authority cited: Section 740, Public Resources Code. Reference: Sections 4129, 4130 and 4133, Public Resources Code.
s 1660. Definitions.
The words used in this subchapter have the same meaning in the California Environmental Quality Act (Division 13, Public Resources Code, commencing with Section 15000, hereafter cited as "CEQA") and the State CEQA Guidelines (Title 14, Division 6, Chapter 3). In addition to the terms used in CEQA and the State CEQA Guidelines, the following term used in these regulations has this meaning:
"Permits to burn" means those permits issued by the Department to burn trash, vegetation, agricultural waste, brush, slash, rubbish, or any other material or to build a campfire, to the extent that a permit from the Department is required.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Section 15022. Reference: Section 41852, Health and Safety Code; Sections 4118, 4371-4376, 4423-4425, 4437, 4439, 4491-4494 and 21082, Public Resources Code; and 14 CAC Section 15022.
s 1661. Ministerial Project Exemptions.
In compliance with the requirements of CEQA and the State CEQA Guidelines, the following list of ministerial project exempt activities of the Department has been compiled. This list is subject to the limitations on ministerial projects set forth in the State CEQA Guidelines. This list does not preclude inclusion of ministerial projects or other activities that come within the State CEQA Guidelines.
(a) The issuance of timber operator licenses.
(b) The issuance of State Forest Use Permits pursuant to Section 4656 of he Public Resources Code.
(c) The issuance of a California Campfire Permit pursuant to Section 4433 of the Public Resources Code.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15268(c). Reference: Sections 4433, 4571-4577, 4656 and 21082, Public Resources Code; and 14 CAC Sections 15022 and 15268.
s 1662. Categorically Exempt Activities.
In compliance with the State CEQA Guidelines, the following list of categorically exempt activities of the Department has been compiled. This list is subject to the limitations on categorical exemptions set forth in the State CEQA Guidelines and does not preclude inclusion of categorical exemptions for other activities that come within the State CEQA Guidelines.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 21080(b) and 21084, Public Resources Code; and 14 CAC Section 15300.4.
s 1662.1. Existing Facilities.
Class 1: Department projects under this class will consist of operation, repair, maintenance and minor alteration of existing facilities including, but not limited to:
(a) Fuel and firebreaks and other fire defense improvements;
(b) Fire prevention signs, directional signs and facility identification signs;
(c) Service roads; and
(d) Existing buildings.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4114 and 4170.5, Public Resources Code; and 14 CAC Section 15301.
s 1662.2. New Construction of Small Structures.
Class 3: Department projects under this class will consist of new, minor construction projects costing $5,000 or less.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: 14 CAC Sections 15300.2 and 15303.
s 1662.3. Minor Alterations to Land.
Class 4: Department projects under this class will consist of minor alterations to land including, but not limited to:
(a) Temporary work camps, equipment practice courses, fire prevention exhibits, equipment parking and fire tool caches; and
(b) Minor fire defense improvements.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4114, Public Resources Code; and 14 CAC Sections 15300.2 and 15304.
s 1662.4. Minor Alterations in Land Use Limitations.
Class 5: Department projects under this class will consist of minor alterations in land use limitations including, but not limited to, easements confirming existing use not leading up to a change in existing land use.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4114, Public Resources Code; and 14 CAC Sections 15300.2 and 15305.
s 1662.5. Information Collection.
Class 6: Department projects under this class will consist of basic data collection including, but not limited to:
(a) State Forest Demonstration areas;
(b) Range improvement studies;
(c) Forest surveys;
(d) Rehabilitation of burned areas;
(e) Fire protection and reforestation studies; and
(f) Forest research in silviculture.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4631, 4647, 4678-4678.7, 4692-4695, 4781-4788 and 4789.3, Public Resources Code; and 14 CAC Sections 15300.2 and 15306.
s 1662.6. Action by Regulatory Agencies for Protection of Natural Resources.
Class 7: Department projects under this class will consist of actions authorized by state law or local ordinances to assure the maintenance, restoration or enhancement of natural resources where the regulatory process involves procedures for protection of the environment including, but not limited to:
(a) Establishment, modification, or dissolution of hazardous fire areas in accordance with Section 4253 of the Public Resources Code;
(b) Establishment, modification, or dissolution of zones of insects, disease, or animal infestation or infection;
(c) Controlled burning pursuant to Section 4423 of the Public Resources Code;
(d) Closures of land or access for fire protection purposes; and
(e) Forest product waste disposal and storage.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Sections 4253, 4256, 4297, 4423, 4437 and 4712-4718, Public Resources Code; and 14 CAC Sections 1300-1302 and 15307.
s 1662.7. Inspections.
Class 9: Department projects under this class will consist of activities which relate directly to inspections including, but not limited to:
(a) Inspections for compliance with laws and regulations such as fire prevention;
(b) Forest practice inspections;
(c) Scaling and inspection of timber products or nursery stock;
(d) Facility and building inspections; and
(e) Inspections for compliance with the Agriculture and Consumer Protection Act of 1973 (16 USC 1331 et seq.) and other federal-state cooperative programs including, but not limited to:
(1) The Clarke-McNary Act (16 USC 564 et seq.).
(2) The Forestry and Rangeland Renewable Resources Planning Act (16 USC 1600-1614).
(3) National Forest Management Act of 1976 (16 USC 1600 et seq.).
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 13109, Health and Safety Code; Sections 4185, 4291-4296.5, 4582.7, 4586, 4588 and 4604, Public Resources Code; 14 CAC Sections 1037, 1037.5, 15309; 16 USC 564 et seq.; and 16 USC 1600 et seq.
s 1662.8. Surplus Government Property Sales.
Class 12: Department projects under this class will consist of sales of surplus government property including, but not limited to, sales of forest products pursuant to Public Resources Code 4650.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 4650, Public Resources Code; and 14 CAC Section 15312.
s 1662.9. Annexations of Existing Facilities and Lots for Exempt Facilities.
Class 19: Department projects under this class will consist of annexations including, but not limited to, organization and reorganization of fire districts.
Note: Authority cited: Section 21082, Public Resources Code; and 14 CAC Sections 15022 and 15300.4. Reference: Section 13821, Health and Safety Code; and 14 CAC Section 15319.
s 1663. Private Services.
(a) The services of private environmental, architectural, engineering, or construction project management consulting firms must be procured by the Director pursuant to these regulations only if they would lead to, or result in, services for the approval of a project as defined in Section 21065 Public Resources Code.
(b) Such services shall be secured on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, pursuant to Section 4526 Government Code.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.1. Definitions.
"Architectural and engineering services" includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. "Environmental Services" means those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws. "Construction Project Management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Section 4529.5 of the Government Code for management and supervision of work performed on state construction projects.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526, 4527 and 4529.6, Government Code.
s 1663.2. Publication of Announcement.
(a) When a project requiring environmental, architectural, engineering, or construction project management services is identified, an announcement shall be made by the Director through publication of professional societies as follows:
(1) If the services will be predominantly architectural, the California Council, American Institute of Architects.
(2) If the services will be predominantly engineering, the Consulting Engineers Association of California.
(b) The notice of announcement shall also be advertised in two major California daily newspapers and in the California State Contracts Register. Failure of the professional societies or newspapers to publish the notice of announcement shall not operate to invalidate any contract.
(c) The announcement shall contain the following minimal information:
(1) the nature of the work,
(2) the criteria upon which the award shall be made, and
(3) the time period within which statements of interest, qualification and performance data will be received.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.3. Establishment of Criteria.
The Director shall apply criteria which will comprise the basis for selection for each project which shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, staff capability, workload, ability to meet schedules, principles to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards and other considerations deemed relevant. Such factors shall be weighed by the Director according to the nature of the project, the needs of the State, and complexity and special requirements of the specific project.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.4. Selection of Services.
After expiration of the period stated in the publications, the Director shall evaluate statements of qualifications and performance data on file in the Department. The Director shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required service. From the firms with which discussion are held, the Director shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the required services.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.5. Estimate of Value of Services.
Before any discussion with any environmental firm concerning fees, the Director shall cause an estimate of the value of such services to be prepared. Such estimate shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.6. Negotiation.
The Director shall attempt to negotiate a Project with the best qualified firm. Should the Director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the Director be unable to negotiate a satisfactory contract with any of the selected firms, the Director may select additional firms in the manner described and continue the negotiation procedure.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.7. Amendments.
In instances where the State affects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by mutual written agreement in a reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the contemplation of the Parties.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.8. Contracting in Phases.
Should the Director determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the Director shall have determined that the firm is best qualified to perform the whole project at reasonable cost, and the contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually agreed upon and reflected in a subsequent written instrument, the procedure with regard to estimates and negotiation shall otherwise be applicable.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1663.9. Small Business Participants.
The Director shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. The Director shall assist firms in attempting to qualify for small business status. A failure of the Director to send a copy of an announcement to any firm shall not operate to invalidate any contract.
Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code.
s 1665.1. Authority.
Note: Authority cited: Section 4139, Public Resources Code. Reference: Sections 4102, 4111, 4114, 4125, 4138(a)-(h) and 4140(a), Public Resources Code.
s 1665.2. Definitions.
Note: Authority cited: Section 4139, Public Resources Code. Reference: Sections 4102, 4111, 4114, 4125, 4138(a)-(h) and 4140(a), Public Resources Code; and Section 53087.4, Government Code.
s 1665.3. Determination of Eligible Parcel.
Note: Authority cited: Section 4139, Public Resources Code. Reference: Sections 4102, 4111, 4114, 4125, 4138(a)-(h) and 4140(a), Public Resources Code.
s 1665.4. Imposition of the Benefit Fee.
Note: Authority cited: Section 4139, Public Resources Code; and Section 155.20, Revenue and Taxation Code. Reference: Sections 4102, 4111, 4114, 4138(a)-(h) and 4140(a), Public Resources Code.
s 1665.5. Requests for Review and Refunds.
Note: Authority cited: Section 4139, Public Resources Code. Reference: Sections 4102, 4111, 4114, 4138(a)-(h) and 4140(a), Public Resources Code; Section 53087.4, Government Code; and Section 5097, Revenue and Taxation Code..