BILL ANALYSIS Ó AB 2112 Page 1 Date of Hearing: April 7, 2014 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 2112 (Dahle) - As Introduced: February 20, 2014 SUBJECT : Forestry: timber operations SUMMARY : Extends the time to file a notice of extension for a Timber Harvest Plan (THP) from 30 days of the expiration of the THP to 140 days. EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice Act of 1973 (FPA): 1)Prohibits any person from conducting timber operations unless a THP has been prepared by a registered professional forester and approved by the California Department of Forestry and Fire Protection (CAL FIRE). Requires a THP to contain a description of the location of the planned harvest, the harvest method, measures to avoid excessive erosion, timeframe of operations, and other information required by forest practice rules (FPR) adopted by the Board of Forestry and Fire Protection. 2)Limits the effective period of a THP to five years. Authorizes a THP to be extended for a two-year period in order to complete timber operations if good cause is shown and all timber operations are in conformance with the plan upon filing of the notice of extension. Requires a notice of extension to be provided to CAL FIRE no sooner than 30 days, but at least 10 days, prior to the expiration of a THP. Prohibits a notice of extension from being approved if listed species have been discovered in the logging area of the THP or significant physical changes to the harvest area or adjacent area have occurred since the THP's cumulative impacts were assessed. FISCAL EFFECT : Unknown COMMENTS : Prior to 2009, a THP was effective for a period of three years; if the work was not completed, two one-year extensions could be filed if certain conditions were met. Therefore, with extensions, a THP could last five years. A notice of extension was required to be filed no sooner than 30 days, but at least 10 days, prior to the expiration of a THP. AB 2112 Page 2 In 2009, AB 1066 (Mendoza, Chapter 269, Statutes of 2009) was passed to, among other things, allow for a THP approved between January 1, 2010 and December 31, 2011 to be extended by amendment for two two-year extensions if certain conditions were met. Therefore, with extensions, these THPs could last seven years. Additionally, AB 1066 allowed for a notice of extension to be filed no sooner than 140 days, but at least 10 days, prior to the expiration of a THP. This gave a person an extra 110 days to prepare and submit a notice of exemption. However, the 140 day provision only applied to THPs approved between January 1, 2010 and December 31, 2011 (the December 31, 2011 limit has since been extended to August 31, 2012). THPs approved after August 31, 2012 would be subject to the old law which required filing no sooner than 30 days, but at least 10 days, prior to the expiration of a THP. In 2012, AB 1492 (Committee on Budget, Chapter 289, Statutes of 2012), among other things, amended the life of a THP from three years to five years. Additionally, a THP could be extended with one two-year extension if certain conditions were met. In what may have been an oversight, AB 1492 did not apply AB 1066's 140 day notice of extension provision to subsequently approved THPs. Therefore, a person who wishes to extend his or her THP would have to file the notice of extension no sooner than 30 days, but at least 10 days, prior to the expiration of a THP. This bill will apply AB 1066's 140 day notice of extension provision to all THPs. REGISTERED SUPPORT / OPPOSITION : Support California Cattlemen's Association California Licensed Forester Association Northern California Society of American Foresters Pacific Forest Trust Plumas County Economic Recovery Sustainable Forest Action Coalition Opposition None on file AB 2112 Page 3 Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916) 319-2092