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