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Business Taxes Law Guide—Revision 2024

Lumber Products Assessment

Public Resources Code

Chapter 8. Z’Berg-Nejedly Forest Practice Act of 1973

Article 9.5 Timber Regulation and Forest Restoration Fund

Section 4629.6


4629.6. Purpose of moneys collected. Moneys deposited in the fund shall, upon appropriation by the Legislature, only be expended for the following purposes:

(a) To reimburse the State Board of Equalization for its administrative costs associated with the administration, collection, audit, and issuance of refunds related to the lumber products and engineered wood assessment established pursuant to Section 4629.5.

(b) To pay refunds issued pursuant to Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code.

(c) To support the activities and costs of the department, the Department of Conservation, the Department of Fish and Wildlife, the State Water Resources Control Board, and regional water quality control boards associated with the review of projects or permits necessary to conduct timber operations. On or after July 1, 2013, except for fees applicable for fire prevention or protection within state responsibility area classified lands or timber yield assessments, no currently authorized or required fees shall be charged by the agencies listed in this subdivision for activities or costs associated with the review of a project, inspection and oversight of projects, and permits necessary to conduct timber operations of those departments and boards.

(d) For transfer to the department’s Forest Improvement Program for forest resources improvement grants and projects administered by the department pursuant to Chapter 1 (commencing with Section 4790) and Chapter 2 (commencing with Section 4799.06) of Part 2.5.

(e) To fund existing restoration grant programs, with priority given to the Fisheries Restoration Grant Program administered by the Department of Fish and Wildlife and grant programs administered by state conservancies.

(f) (1) As a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Not more than five hundred thousand dollars ($500,000) may be loaned from the fund in a fiscal year pursuant to this paragraph. This paragraph shall become inoperative on July 1, 2017.

(2) Any funds deposited into the fund pursuant to subdivision (d) or (f) of Section 12025 or subdivision (b), (c), (e), or (f) of Section 12025.1 of the Fish and Game Code shall be credited toward loan repayment.

(3) Moneys from the General Fund shall not be used to repay a loan authorized pursuant to this subdivision.

(g) To the department for fuel treatment grants and projects pursuant to authorities under the Wildland Fire Protection and Resources Management Act of 1978 (Article 1 (commencing with Section 4461) of Chapter 7 .

(h) To the department to provide grants to local agencies responsible for fire protection, qualified nonprofits, recognized tribes, local and state governments, and resources conservation districts, undertaken on a state responsibility area (SRA) or on wildlands not in an SRA that pose a threat to the SRA, to reduce the costs of wildland fire suppression, reduce greenhouse gas emissions, promote adaptation of forested landscapes to changing climate, improve forest health, and protect homes and communities.

(i) To the Natural Resources Agency to provide a reasonable per diem for attendance at a meeting of the advisory body for the state's forest practice program by a member of the body who is not an employee of a government agency.

History—Added by Stats. 2012, Ch. 289 (AB 1492), in effect September 11, 2012. Stats. 2014, Ch. 35 (SB 861), in effect June 20, 2014, substituted "Department of Fish and Wildlife" for "Department of Fish and Game" after "Department of Conservation, the" in subdivision (c); added ", with priority given to the Fisheries Restoration Grant Program … administered by state conservancies" to subdivision (e); added new subdivision (f); and relettered former subdivisions (f) and (g) as (g) and (h), respectively. Stats. 2015, Ch. 2 (AB 92), in effect March 27, 2015, substituted "Part 2.5" for "Part 2" after "(commencing with Section 4799.06) of" in subdivision (d); added "or subdivision (b), (c), (e), or (f)" after "Section 12025" and added "Section 12025.1 of" before "the Fish and Game Code" to paragraph (2) of subdivision (f). Stats. 2016, Ch. 340 (SB 839), in effect September 13, 2016, deleted ", upon appropriation by the Legislature," after "Forest Improvement Program" and deleted "of Division 4" after "Part 2.5" in subdivision (d); substituted "fund" for "Timber Regulation and Forest Restoration Fund" in paragraph (2) of subdivision (f); deleted ", upon appropriation by the Legislature," after "To the department" in subdivisions (g) and (h); deleted "of Part 2 of Division 4" after "Chapter 7" in subdivision (g); and added subdivision (i).