BILL ANALYSIS �
AB 2239
Page 1
Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 2239 (Chesbro) - As Amended: April 22, 2014
Policy Committee: Natural
ResourcesVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill clarifies and modifies the change of ownership
requirements for Working Forest Management Plans (WFMP) and
Nonindustrial Timber Management Plans (NTMP). Upon a change of
ownership for both WFMP and NTMP, this bill:
1)Requires the transferring landowner to provide a written
transfer notice to the acquiring landowner that discloses the
existence of the plan and inform the acquiring landowner to
notify CALFIRE if he or she intends to assume the plan.
2)Requires CALFIRE, if the transferring landowner fails to
provide the notice and CALFIRE discovers the change of
ownership, to provide the acquiring landowner with the
notice.
3)Allows the acquiring landowner one year from the date of the
receipt of the transfer notice to notify CA FIRE of his or her
assumption of the plan. If the acquiring landowner does not
formally assume the plan within this period, CALFIRE may
cancel the plan.
FISCAL EFFECT
Negligible state costs.
COMMENTS
1)Purpose. According to the author, this bill provides clean up
AB 2239
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language to make the WFMP's transfer provisions clearer and
gives CALFIRE the discretion to cancel a plan if the new
landowner does not assume it within the specified time frame.
Additionally, this bill amends the NTMP transfer of ownership
language so it is governed by the same transfer provisions
contained in the WFMP statutes.
2)Background. The NTMP was created in1990 to allow landowners
with no more than 2,500 acres to apply for a timber harvesting
document that would provide long-term approval with specified
conditions under a known set of forest practice rules. The
program requires the use of uneven aged forest management and
proof that operations provide for sustained yield.
Through an NTMP, a nonindustrial timberland owner first
prepares a management plan that is subject to a multi-agency
review process and acts as the functional equivalent of an
environmental impact report (EIR) under CEQA. Unlike a THP,
which is operational for no more than seven years, an NTMP
lasts in perpetuity.
The WFMP was created last year, (AB 904, Chesbro). The WFMP
is similar to the NTMP; however, it applies to nonindustrial
landowners with less than 15,000 acres of timberland and
contains stricter environmental standards.
Since both the NTMP and WFMP run with the land, they can be
transferred from one landowner to the next. The NTMP has very
strict and short timelines for a new landowner to assume the
old landowner's plan: if the new landowner does not formally
assume the plan with 180 days, the plan is cancelled. The
WFMP has more lenient requirements: the new landowner has one
year upon receiving the transfer notice to assume the plan
before it is cancelled.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081