Bill Text: CA AB2163 | 2009-2010 | Regular Session | Chaptered
Bill Title: Forest practices: timber harvesting plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-09-27 - Chaptered by Secretary of State - Chapter 376, Statutes of 2010. [AB2163 Detail]
Download: California-2009-AB2163-Chaptered.html
BILL NUMBER: AB 2163 CHAPTERED
BILL TEXT
CHAPTER 376
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 18, 2010
PASSED THE ASSEMBLY MAY 20, 2010
AMENDED IN ASSEMBLY MAY 17, 2010
AMENDED IN ASSEMBLY APRIL 26, 2010
AMENDED IN ASSEMBLY APRIL 12, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Mendoza
FEBRUARY 18, 2010
An act to amend Section 4590 of the Public Resources Code,
relating to forest practices, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2163, Mendoza. Forest practices: timber harvesting plans.
(1) 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 the Department of Forestry and Fire Protection, and
approved. The act provides that a timber harvesting plan is
effective for a period of not more than 3 years, unless extended as
specified.
The act provides that a timber harvesting plan, on which work has
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the work, up to a maximum of 2
one-year extensions if 2 requirements are met. The act requires the
notice of extension to include the circumstances that prevented a
timely completion of the work under the plan and an agreement to
comply with the specified law, rules, and regulations as they exist
on the date the extension notice is filed.
The act allows, until January 1, 2012, an extension of a timber
harvesting plan, on which timber operations have commenced but not
been completed, by amendment for up to a maximum of 4 one-year
extensions, if those 2 requirements are met, and in addition, the
plan expired in 2008 or 2009, and the notice of extension includes
written certification by a registered professional forester that
listed species have not been discovered in the logging area of the
plan since approval of the plan and significant physical changes to
the harvest area or adjacent areas have not occurred since the plan's
cumulative impacts were originally assessed.
This bill would, in addition, allow up to a maximum of 4 one-year
extensions, including any other extension granted prior to January 1,
2010, under those same conditions for a plan that was extended in
2008 or 2009.
(2) The act allows, until January 1, 2012, a timber harvesting
plan that is approved on or after January 1, 2010, to December 31,
2011, inclusive, to be extended by amendment for a 2-year period in
order to complete the timber operations, up to a maximum of 2 2-year
extensions, if the plan complies with certain requirements.
This bill would remove the sunset date for the extension of these
plans.
(3) Existing law, beginning January 1, 2012, provides that a
timber harvesting plan is effective for a period of not more than 3
years, unless extended.
This bill would instead provide that, beginning January 1, 2012, a
plan approved on or after January 1, 2012, is effective for a period
not more than 3 years, unless extended.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4590 of the Public Resources Code, as amended
by Section 1 of Chapter 269 of the Statutes of 2009, is amended to
read:
4590. (a) (1) A timber harvesting plan is effective for a period
of not more than three years, unless extended pursuant to paragraph
(2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan, written
certification by a registered professional forester that neither of
the conditions in subdivision (f) has occurred, and, consistent with
Section 4583, an agreement to comply with this chapter and the rules
and regulations of the board as they exist on the date the extension
notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) Notwithstanding subdivision (a) and the submission of a
completion report pursuant to Section 4585, a timber harvesting plan,
on which timber operations have commenced but not been completed,
may be reopened and extended by amendment for up to a maximum of four
one-year extensions, including any other extension granted prior to
January 1, 2010, if the following conditions have been met:
(1) The plan expired or was extended in 2008 or 2009.
(2) The plan complies with subparagraphs (A) and (B) of paragraph
(2) of subdivision (a).
(3) The notice of extension, pursuant to subdivision (b), includes
written certification by a registered professional forester that
neither of the conditions in subdivision (f) has occurred.
(e) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (f) has
occurred.
(f) The department shall not approve an extension pursuant to
subdivision (e) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(g) An extension of a timber harvesting plan on which either of
the conditions in subdivision (f) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(h) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. Section 4590 of the Public Resources Code, as added by
Section 2 of Chapter 269 of the Statutes of 2009, is amended to read:
4590. (a) (1) A timber harvesting plan approved on or after
January 1, 2012, is effective for a period of not more than three
years, unless extended pursuant to paragraph (2).
(2) A timber harvesting plan, on which timber operations have
commenced but not been completed, may be extended by amendment for a
one-year period in order to complete the timber operations, up to a
maximum of two one-year extensions, if both of the following occur:
(A) Good cause is shown.
(B) All timber operations are in conformance with the plan, this
chapter, and all applicable rules and regulations, upon the filing of
the notice of extension as required by this section.
(b) The extension shall apply to any area covered by the plan for
which a report has not been submitted under Section 4585. The notice
of extension shall be provided to the department not sooner than 30
days, but at least 10 days, prior to the expiration date of the plan.
The notice shall include the circumstances that prevented a timely
completion of the timber operations under the plan and, consistent
with Section 4583, an agreement to comply with this chapter and the
rules and regulations of the board as these exist on the date the
extension notice is filed.
(c) Stocking work may continue for more than the effective period
of the plan under subdivision (a), but shall be completed within five
years after the conclusion of other work.
(d) A timber harvesting plan that is approved on or after January
1, 2010, to December 31, 2011, inclusive, may be extended by
amendment for a two-year period in order to complete the timber
operations, up to a maximum of two two-year extensions, if the plan
complies with subparagraphs (A) and (B) of paragraph (2) of
subdivision (a) and the notice of extension, pursuant to subdivision
(b), includes written certification by a registered professional
forester that neither of the conditions in subdivision (e) has
occurred.
(e) The department shall not approve an extension pursuant to
subdivision (d) if either of the following has occurred:
(1) Listed species, as defined in Article 1 (commencing with
Section 2050) of Chapter 1.5 of Division 3 of the Fish and Game Code
or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.),
have been discovered in the logging area of the plan since approval
of the timber harvesting plan.
(2) Significant physical changes to the harvest area or adjacent
areas have occurred since the timber harvesting plan's cumulative
impacts were originally assessed.
(f) An extension of a timber harvesting plan on which either of
the conditions in subdivision (e) has occurred may be obtained only
pursuant to Section 1039 of Title 14 of the California Code of
Regulations. Notwithstanding the notice provision of subdivision (b),
for purposes of this subdivision the notice of extension shall be
provided to the department, not sooner than 140 days, but at least 10
days, prior to the expiration date of the plan.
(g) This section shall become operative on January 1, 2012.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide immediate relief to California's timber
industry due to the state's economic downturn, allow landowners
flexibility in responding to the cyclical demand for lumber during
the current economic crisis, and help stimulate California's economy,
at the earliest possible time, it is necessary that this act take
effect immediately.
