BILL NUMBER: AB 2239	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 21, 2014

   An act to amend Sections 4593.10 and 4597.9 of the Public
Resources Code, relating to forestry.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2239, as amended, Chesbro. Forest practices: management plans:
change of ownership.
   The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations on timberland unless a timber
harvesting plan has been prepared by a registered professional
forester and has been submitted to the Department of Forestry and
Fire Protection and approved by the Director of Forestry and Fire
Protection or the State Board of Forestry and Fire Protection. A
violation of the act is a crime.
   Existing law authorizes a person who intends to become a working
forest landowner, as defined, or nonindustrial tree farmer, as
defined, to file a working forest management plan or a nonindustrial
timber management plan, as applicable, with the department, with the
long-term objective of an uneven aged timber stand and sustained
yield through the implementation of the plan. Existing law requires,
in the event of a change of ownership of the land described in the
working forest management plan, the landowner to notify the new
landowner of the existence of the plan and the need to notify the
department of the new landowner's intent regarding assumption of the
plan. Existing law provides the new landowner one year from the date
of the receipt of the notification by the department to notify the
department in writing of the assumption of the working forest
management plan and if the department does not receive notification
within this period, the plan expires. In addition, existing law
requires a nonindustrial timber management plan to expire 180 days
from the date of change of ownership unless the new timberland owner
notifies the department in writing of the change of ownership and his
or her assumption of the plan.
   This bill would, in the event of change of ownership of land
described in a nonindustrial timber management plan, require a
transferring landowner to notify the acquiring landowner of the
existence of the plan and the need to inform the department if he or
she intends to assume the plan.
   This bill would require, upon change of ownership of land
described in either a working forest management plan or a
nonindustrial timber management plan, the transferring landowner to
send the department a copy of the notice provided to the acquiring
landowner. The bill would require the department to provide the
acquiring landowner with the notice if the transferring landowner
fails to provide it and the department discovers the change of
ownership. The bill would give the acquiring landowner one year from
the date of the receipt of either notice to notify the department of
his or her intent to assume the plan. The bill would authorize the
department to cancel the plan if no notice is received within this
period. 
   Because this bill would impose new duties on a landowner, a
violation of which would be a crime, the bill would create a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   The bill would provide that a violation of the above provisions
relating to notice by a landowner does not constitute a crime. 

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

  SECTION 1.  Section 4593.10 of the Public Resources Code is amended
to read:
   4593.10.  (a) Upon a change of ownership of the land described in
the nonindustrial timber management plan, the transferring landowner
shall provide the acquiring landowner with written notice that
discloses the existence of the plan and informs the acquiring
landowner of the need to notify the department if the acquiring
landowner intends to assume the plan. The transferring landowner
shall also send the department a copy of the notice provided to the
acquiring landowner.
   (b) If the transferring landowner fails to provide the notice
required in subdivision (a) and the department discovers the change
of ownership, the department shall provide the acquiring landowner
with the notice described in subdivision (a).
   (c) The acquiring landowner shall have one year from the date of
the receipt of the notice required pursuant to subdivision (a) or
(b), whichever is applicable, to notify the department in writing of
his or her assumption of the plan. If the department does not receive
notification within this period, the department may cancel the plan.

   (d) A violation of this section by a landowner does not constitute
a crime pursuant to Section 4601. 
  SEC. 2.  Section 4597.9 of the Public Resources Code is amended to
read:
   4597.9.  (a) Upon a change of ownership of the land described in
the working forest management plan, the transferring landowner shall
provide the acquiring landowner with written notice that discloses
the existence of the plan and informs the acquiring landowner of the
need to notify the department if the acquiring landowner intends to
assume the plan. The transferring landowner shall also send the
department a copy of the notice provided to the acquiring landowner.
   (b) If the transferring landowner fails to provide the notice
required in subdivision (a) and the department discovers the change
of ownership, the department shall provide the acquiring landowner
with the notice described in subdivision (a).
   (c) The acquiring landowner shall have one year from the date of
the receipt of the notice required pursuant to subdivision (a) or
(b), whichever is applicable, to notify the department in writing of
his or her intent to assume the plan. If the department does not
receive notification within this period, the department may cancel
the plan. 
   (d) A violation of this section by a landowner does not constitute
a crime pursuant to Section 4601.  
  SEC. 3.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.