BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 2112 HEARING DATE: June 10, 2014 AUTHOR: Dahle URGENCY: No VERSION: February 20, 2014 CONSULTANT: Bill Craven DUAL REFERRAL: No FISCAL: Yes SUBJECT: Forestry: timber operations. BACKGROUND AND EXISTING LAW Under existing provisions in the Forest Practices Act, the effective period of the most common form of a permit to harvest timber, a timber harvest permit (THP), is five years. Existing law also 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. The notice of extension must be provided to the Department of Forestry no sooner than 30 days, but at least 10 days, prior to the expiration of a THP. Existing law also 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. PROPOSED LAW This bill extends the time to file a notice of extension for a THP from 30 days of the expiration of the THP to 140 days. ARGUMENTS IN SUPPORT According to the author, legislation passed in 2009 recognized that landowners are not always able to complete harvesting activities by the time allowed under their THP. A provision in AB 1066 (Mendoza) extended the window for extending THPs to 140 days, but that window sunset in 2012 and applied only to THPs approved in 2010 and 2011. This bill will apply AB 1066's 140 day notice of extension provision to all THPs. 1 ARGUMENTS IN OPPOSITION None received. COMMENTS This arcane issue has a long history. Prior to 2009, a THP was effective for a period of three years and if the work was not completed, two one-year extensions could be filed if certain conditions were met. Thus, under certain circumstances, 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. In 2009, as noted above, AB 1066 (Mendoza) was passed and allowed 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. AB 1066 also 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 provided landowners with 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). In 2012, AB 1492 (Committee on Budget, Chapter 289, Statutes of 2012), contained a provision that extended the life of all THPs from three years to five years. Additionally, a THP could be extended with one two-year extension if certain conditions were met. Again, the potential shelf life of these THPs is 7 years. 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 landowner who wishes to extend his or her THP approved pursuant to existing law 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. SUPPORT California Cattlemen's Association California Licensed Foresters Association Forest Products Industry National Labor Management Committee Pacific Forest Trust OPPOSITION 2 None Received 3