BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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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.
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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
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None Received
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