AB 2112, as introduced, Dahle. Forestry: timber operations.
The Z’Berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and is approved by, the Department of Forestry and Fire Protection. Existing law requires a timber harvesting plan approved on or after July 1, 2012, to be effective for a period of not more than 5 years, unless extended as provided. Existing law requires the notice of extension to be provided to the department not sooner than 30 days, but at least 10 days, prior to the expiration of the plan.
This bill would instead require the notice of extension to be provided to the department not sooner than 140 days, but at least 10 days, prior to the expiration of the plan and would make a conforming change.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4590 of the Public Resources Code is
2amended to read:
(a) (1) A timber harvesting plan approved on or after
2July 1, 2012, is effective for a period of not more than five years,
3unless extended pursuant to paragraph (2).
4(2) A timber harvesting plan, on which timber operations have
5commenced but not been completed, may be extended by
6amendment for a two-year period in order to complete the timber
7operations, if both of the following occur:
8(A) Good cause is shown.
9(B) All timber operations are in conformance with the plan, this
10chapter, and all applicable rules and regulations, upon the filing
11of the notice of extension as required by this section.
12(b) The extension shall apply to any area covered by the plan
13for which a report has not been submitted under Section 4585. The
14notice of extension shall be provided to the department not sooner
15thanbegin delete 30end deletebegin insert 140end insert days, but at least 10 days, prior to the expiration date
16of the plan. The notice shall include the circumstances that
17prevented a timely completion of the timber operations under the
18plan and, consistent with Section 4583, an agreement to comply
19with this chapter and the rules and regulations of the board as these
20exist on the date the extension notice is filed.
21(c) Stocking work may continue for more than the effective
22period of the plan under subdivision (a), but shall be completed
23within
five years after the conclusion of other work.
24(d) begin delete(1)end deletebegin delete end deleteA timber harvesting plan that is approved on or after
25January 1, 2010, to August 31, 2012, inclusive, may be extended
26by amendment for a two-year period in order to complete the
27timber operations, up to a maximum of two 2-year extensions, if
28the plan complies with subparagraphs (A) and (B) of paragraph
29(2) of subdivision (a) and the notice of extension, pursuant to
30subdivision (b), includes written certification by a registered
31professional forester that neither of the conditions in subdivision
32(e) has occurred.
33(2) Notwithstanding the notice provision of subdivision (b), for
34the purposes of this subdivision, the notice of extension shall be
35provided to the department not sooner than 140 days, but at least
3610 days, prior to the expiration date of the plan.
37(e) The department shall not approve an extension pursuant to
38subdivision (a) or (d) if either of the following has occurred:
39(1) Listed species, as defined in Article 1 (commencing with
40Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game
P3 1Code or the federal Endangered Species Act (16 U.S.C. Sec. 1531
2et seq.), have been discovered in the logging area of the plan since
3approval of the timber harvesting plan.
4(2) Significant physical changes to the harvest area or adjacent
5areas have occurred since the timber harvesting plan’s cumulative
6impacts were originally assessed.
7(f) An extension of a timber harvesting plan on which either of
8the conditions in subdivision (e) has occurred may be obtained
9only pursuant to Section 1039 of Title 14 of the
California Code
10of Regulations.
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