BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2239|
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CONSENT
Bill No: AB 2239
Author: Chesbro (D)
Amended: 8/4/14 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 6/24/14
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/8/14 (Consent) - See last page for vote
SUBJECT : Forest practices: management plans: change of
ownership
SOURCE : Author
DIGEST : This bill clarifies and modifies the change of
ownership requirements for Working Forest Management Plans
(WFMP) and Nonindustrial Timber Management Plans (NTMP).
ANALYSIS :
Existing law:
1. Prohibits, in general, any person from conducting timber
operations unless a harvesting plan, such as a timber harvest
plan (THP), WFMP, or NTMP, has been prepared by a registered
professional forester and approved by Department of Forestry
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AB 2239
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and Fire Protection (CAL FIRE). THPs, WFMPs, and NTMPs, are
considered the functional equivalent of an environmental
impact report (EIR) under the California Environmental
Quality Act (CEQA).
2. Creates the WFMP, which is a long-term forest management plan
for nonindustrial landowners with less than 15,000 acres of
timberlands if the landowner commits to uneven aged
management and sustained yield.
3. In the event of a change of ownership of the land described
in a WFMP, requires the working forest landowner to notify
the new landowner of the existence of the plan and the need
to notify CAL FIRE of the new landowner's intent regarding
assumption of the plan. Gives the new landowner one year
from the date of the receipt of the notification to notify
CAL FIRE in writing of his/her assumption of the plan. If
CAL FIRE does not receive notification within this period,
requires the plan to expire one year from the date the new
landowner is advised by CAL FIRE of the necessity to assume
WFMP.
4. Creates the NTMP, which is a long-term forest management plan
for nonindustrial landowners with less than 2,500 acres of
timberlands if the landowner commits to uneven aged
management and sustained yield.
5. In the event of a change of ownership of the land described
in a NTMP, requires the NTMP to expire 180 days from the date
of change of ownership unless the new timberland owner
notifies CAL FIRE in writing of the change of ownership and
his/her assumption of NTMP.
This bill:
1. Requires the transferring landowner of land described in a
WFMP or NTMP to:
A. Notify the acquiring landowner of the existence of a
WFMPs or NTMP.
B. Inform the acquiring landowner that he/she must
inform CAL FIRE concerning whether he/she intends to
adopt the plan.
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AB 2239
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C. Send CAL FIRE a copy of the notice provided to the
acquiring landowner.
2. Requires CAL FIRE to provide the notice to the acquiring
landowner if the transferring landowner fails to do so.
3. Authorizes CAL FIRE to cancel a WFMP or NTMP if the new owner
does not assume the plan within one year of receiving the
notice.
5. Makes other technical changes.
Background
The Z'berg-Nejedly Forest Practice Act (Act) of 1973 prohibits a
person from conducting timber operations on timberland unless a
THP outlining the proposed logging operations has been prepared
by a registered professional forester, submitted to CAL FIRE,
and approved by the Director of CAL FIRE or the State Board of
Forestry and Fire Protection. These THPs, are functionally
equivalent to an EIR under CEQA. Violating the Act is a crime
punishable with a maximum fine of $1,000 and a maximum of six
months jail time.
Before 2013, CAL FIRE accepted two types of THP, THPs and NTMPs.
THPs are meant to evaluate all of the potential impacts that
might occur as a result of the logging plan and implement
measures to reduce these impacts. NTMPs allow nonindustrial
private forest (NIPF) timberland owners, those who own less than
2,500 acres of timberlands, to prepare a long term management
plan with the objective of creating an uneven aged timber stand
(i.e. no clearcutting) and sustained yield. The cost of
preparing a NTMP is about 25 to 50% more than a typical THP,
primarily due to the required sustained yield analysis.
However, unlike a THP, which is valid for up to seven years, an
NTMP lasts in perpetuity. The additional costs associated with
an NTMP are recaptured over time since subsequent harvest
entries can be conducted under a much simpler notice to CAL
FIRE. NTMPs are transferable between landowners, but expire 180
days from the date of change of ownership unless the new owner
notifies CAL FIRE in writing of his/her assumption of NTMP.
Last year, AB 904 (Chesbro, Chapter 648, Statutes of 2013)
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created WFMPs. These plans are similar to NTMPs, but apply to
nonindustrial landowners with less than 15,000 acres of
timberland and contain stricter environmental standards. If
land described in the WFMP changes ownership, the working forest
landowner must notify the new landowner of the existence of the
WFMP. In turn, the new landowner must notify CAL FIRE in
writing of the assumption of the working forest management plan.
If CAL FIRE does not receive this notification within one year
from the date the previous owner advises the new owner to assume
the WFMP, the plan expires.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 73-0, 5/8/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Eggman, Gorell, Gray, Hall, Mansoor, V.
Manuel P�rez, Vacancy
RM:d 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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