BILL ANALYSIS
AB 2163
Page 1
( Without Reference to File )
ASSEMBLY THIRD READING
AB 2163 (Mendoza)
As Amended May 17, 2010
2/3 vote. Urgency
NATURAL RESOURCES 9-0 APPROPRIATIONS 9-0
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|Ayes:|Chesbro, Gilmore, |Ayes:|Chesbro, Gilmore, |
| |Brownley, | |Brownley, |
| |De Leon, Hill, Huffman, | |De Leon, Hill, Huffman, |
| |Knight, Logue, Skinner | |Knight, Logue, Skinner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Makes timber harvesting plan (THPs) extended by the
California Department of Forestry and Fire Protection (CDF) in
2008 and 2009, on which work has commenced but not been
completed, eligible for a maximum of four one-year extensions in
specified circumstances. Specifically, this bill :
1)Makes THPs extended in 2008 and 2009, on which work has
commenced but not completed, eligible for a maximum of four
one-year extensions, including any extensions granted prior to
January 1, 2010, if "good cause" is shown, all timber
operations comply with the THP and all applicable rules and
regulations, a RPF certifies that no listed species have been
discovered since approval of the THP, and that no significant
physical changes to the harvest area or adjacent areas have
occurred since the THP's cumulative impacts were assessed.
2)Clarifies the sunsetting provision of existing law which makes
eligible a THP approved on or after January 1, 2010 to
December 31, 2011 for two 2-year extensions.
3)Includes an urgency clause.
EXISTING LAW , pursuant to the Z'berg-Nejedly Forest Practice Act
(Act) of 1973 (commencing with Section 4511 of the Public
Resources Code):
1)Prohibits any person from conducting timber operations unless
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a THP has been prepared by a registered professional forester
(RPF) and approved by CDF.
2)Generally limits the effective period of a THP to three years,
with certain exceptions. A THP under which work has commenced
but not completed is eligible for two, one-year extensions if
"good cause" is shown and all timber operations comply with
the THP and all applicable rules and regulations.
3)Authorizes a THP under which work has commenced but not
completed and that expired in 2008 or 2009 to be eligible for
four one-year extensions if it meets the requirements in #2
and if a RPF certifies that no listed species have been
discovered since approval of the THP and that no significant
physical changes to the harvest area or adjacent areas have
occurred since the THP's cumulative impacts were assessed.
4)Authorizes a THP that is approved on or after January 1, 2010
to December 31, 2011 to be eligible by amendment for two
two-year extensions if it meets the requirements in #3.
FISCAL EFFECT : Unknown
COMMENTS : According to the author's office, the Legislature
approved AB 1066 (Mendoza), Chapter 269, Statutes of 2009 to
give short-term relief to landowners during the economic crisis.
However, contrary to the intent of the author, the bill
excluded certain THPs extended in 2008 and 2009 pursuant to
pre-AB 1066 statute.
AB 1066 authorized the extension of THPs that expired in 2008
and 2009 (eligible for four 1-year extensions) and THPs that are
approved between January 1, 2010 and December 31, 2001 (eligible
for two 2-year extensions). As strictly interpreted, AB 1066,
in part, only includes THPs that officially expired in 2008 and
2009. The sponsor of this bill, the California Forestry
Association, believes this provision should also include those
THPs that had been extended in these years.
This bill grants THPs extended in 2008 and 2009 (thus, expiring
this year and next) four one-year extensions under specified
circumstances. According to CDF, about 50-80 THPs would be
eligible for further extension under this bill.
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Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092
FN: 0004435