BILL NUMBER: AB 2163	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Mendoza

                        FEBRUARY 18, 2010

    An act to amend Section 14877.2 of the Water Code,
relating to water.   An act to amend Section 4590 
 of the Public Resources Code, relating to forest practices.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2163, as amended, Mendoza.  Graywater systems.
  Forest practices: timber harvesting plans.  
   The Z'Berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations, as defined, unless a timber
harvesting plan prepared by a registered professional forester has
been submitted to the Department of Forestry and Fire Protection, and
approved. The act provides that a timber harvesting plan is
effective for a period of not more than 3 years, unless extended as
specified.  
   The act provides that a timber harvesting plan, on which work has
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the work, up to a maximum of 2
one-year extensions if 2 requirements are met. The act requires the
notice of extension to include the circumstances that prevented a
timely completion of the work under the plan and an agreement to
comply with the specified law, rules, and regulations as they exist
on the date the extension notice is filed.  
   The act allows, until January 1, 2012, an extension of a timber
harvesting plan, on which timber operations have commenced but not
been completed, by amendment for up to a maximum of 4 one-year
extensions, if those 2 requirements are met, and in addition, the
plan expired in 2008 or 2009, and the notice of extension includes
written certification by a registered professional forester that
listed species have not been discovered in the logging area of the
plan since approval of the plan and significant physical changes to
the harvest area or adjacent areas have not occurred since the plan's
cumulative impacts were originally assessed.  
   This bill would, in addition, allow up to a maximum of 4 one-year
extensions under those same conditions for a plan that will expire in
2010 or 2011. The bill would also make a technical change. 

   Existing law requires the Department of Water Resources, in
consultation with the State Department of Public Health and the
Center for Irrigation Technology at California State University,
Fresno, to adopt standards for the installation of graywater systems,
as specified, for subsurface irrigation and other safe uses.
Existing law authorizes the installation of a graywater system if the
city or county having jurisdiction over the installation determines
that the system complies with standards adopted by the department and
authorizes a city or county to adopt standards that prohibit the use
of graywater or standards that are more restrictive than the
standards adopted by the department, as appropriate for the local
area.  
   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 4590 of the   Public
Resources Code   , as amended by Section 1 of Chapter 269 of
the Statutes of 2009, is amended to read: 
   4590.  (a) (1) A timber harvesting plan is effective for a period
of not more than three years, unless extended pursuant to paragraph
(2).
   (2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
   (A) Good cause is shown.
   (B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
   (b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan, written
certification by a registered professional forester that neither of
the conditions in subdivision (f) have occurred, and, consistent with
Section 4583, an agreement to comply with this chapter and the rules
and regulations of the board as they exist on the date the extension
notice is filed.
   (c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
   (d) Notwithstanding subdivision (a) and the submission of a
completion report pursuant to Section 4585, a timber harvesting plan,
on which timber operations have commenced but not been completed,
may be reopened and extended by amendment for up to a maximum of four
one-year extensions if the following conditions have been met:
   (1) The plan expired in 2008 or 2009  , or will expire in 2010
or 2011  .
   (2) The plan complies with subparagraphs (A) and (B) of paragraph
(2) of subdivision (a).
   (3) The notice of extension, pursuant to subdivision (b), includes
written certification by a registered professional forester that
neither of the conditions in subdivision (f) have occurred.
   (e) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (f) have
occurred.
   (f) The department shall not approve an extension pursuant to
subdivision  (d) or  (e) if either of the following have
occurred:
   (1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
   (2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
   (g) An extension of a timber harvesting plan on which either of
the conditions in subdivision (f) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b)
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
   (h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. 
  SECTION 1.    Section 14877.2 of the Water Code is
amended to read:
   14877.2.  A graywater system may be installed if the city or
county that has jurisdiction over the installation determines that
the system complies with standards adopted by the department.

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