Bill Text: CA AB2112 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Forestry: timber operations.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-07-07 - Chaptered by Secretary of State - Chapter 89, Statutes of 2014. [AB2112 Detail]

Download: California-2013-AB2112-Chaptered.html

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BILL NUMBER: AB 2112	CHAPTERED
	BILL TEXT

	CHAPTER  89
	FILED WITH SECRETARY OF STATE  JULY 7, 2014
	APPROVED BY GOVERNOR  JULY 7, 2014
	PASSED THE SENATE  JUNE 26, 2014
	PASSED THE ASSEMBLY  MAY 8, 2014

INTRODUCED BY   Assembly Members Dahle and Chesbro

                        FEBRUARY 20, 2014

   An act to amend Section 4590 of the Public Resources Code,
relating to forestry.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2112, Dahle. Forestry: timber operations.
   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, and is approved by, the Department of Forestry and
Fire Protection. Existing law requires a timber harvesting plan
approved on or after July 1, 2012, to be effective for a period of
not more than 5 years, unless extended as provided. Existing law
requires the notice of extension to be provided to the department not
sooner than 30 days, but at least 10 days, prior to the expiration
of the plan.
   This bill would instead require the notice of extension to be
provided to the department not sooner than 140 days, but at least 10
days, prior to the expiration of the plan and would make a conforming
change.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4590 of the Public Resources Code is amended to
read:
   4590.  (a) (1) A timber harvesting plan approved on or after July
1, 2012, is effective for a period of not more than five 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
two-year period in order to complete the timber operations, 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 140
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 August 31, 2012, inclusive, may be extended by amendment
for a two-year period in order to complete the timber operations, up
to a maximum of two 2-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 (a) or (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.