BILL ANALYSIS �
AB 2112
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Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2112 (Dahle) - As Introduced: February 20, 2014
SUBJECT : Forestry: timber operations
SUMMARY : Extends the time to file a notice of extension for a
Timber Harvest Plan (THP) from 30 days of the expiration of the
THP to 140 days.
EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice
Act of 1973 (FPA):
1)Prohibits any person from conducting timber operations unless
a THP has been prepared by a registered professional forester
and approved by the California Department of Forestry and Fire
Protection (CAL FIRE). Requires a THP to contain a
description of the location of the planned harvest, the
harvest method, measures to avoid excessive erosion, timeframe
of operations, and other information required by forest
practice rules (FPR) adopted by the Board of Forestry and Fire
Protection.
2)Limits the effective period of a THP to five years.
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. Requires a notice of extension to
be provided to CAL FIRE no sooner than 30 days, but at least
10 days, prior to the expiration of a THP. 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.
FISCAL EFFECT : Unknown
COMMENTS : Prior to 2009, a THP was effective for a period of
three years; if the work was not completed, two one-year
extensions could be filed if certain conditions were met.
Therefore, with extensions, 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.
AB 2112
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In 2009, AB 1066 (Mendoza, Chapter 269, Statutes of 2009) was
passed to, among other things, allow 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. Additionally, AB 1066 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 gave a person 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). THPs approved after
August 31, 2012 would be subject to the old law which required
filing no sooner than 30 days, but at least 10 days, prior to
the expiration of a THP.
In 2012, AB 1492 (Committee on Budget, Chapter 289, Statutes of
2012), among other things, amended the life of a THP from three
years to five years. Additionally, a THP could be extended with
one two-year extension if certain conditions were met. 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 person who wishes to extend his or her THP 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.
This bill will apply AB 1066's 140 day notice of extension
provision to all THPs.
REGISTERED SUPPORT / OPPOSITION :
Support
California Cattlemen's Association
California Licensed Forester Association
Northern California Society of American Foresters
Pacific Forest Trust
Plumas County Economic Recovery
Sustainable Forest Action Coalition
Opposition
None on file
AB 2112
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Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092