BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2112
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          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
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          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
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          Analysis Prepared by  :    Mario DeBernardo / NAT. RES. / (916)  
          319-2092