California Assembly Bill AB1066 Amended / Bill

 BILL NUMBER: AB 1066AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 2, 2009 AMENDED IN ASSEMBLY MAY 6, 2009 INTRODUCED BY Assembly Member Mendoza  (   Principal coauthor:   Assembly Member   Nielsen   )  (Coauthors: Assembly Members Coto, Gaines,  Harkey,  Huber, Solorio, and Villines) FEBRUARY 27, 2009 An act to amend Section 4590 of the Public Resources Code, relating to forest practices. LEGISLATIVE COUNSEL'S DIGEST AB 1066, as amended, Mendoza. Forest practices: timber harvesting plans.  The   (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. This bill would instead provide that a timber harvesting plan is effective for a period of not more than 5 years, unless extended as specified.  The   (2)     The  act provides that a timber harvesting plan on which work  has  been commenced, but not 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. This bill would add to the requirements for this extension  for a plan approved on or after January 1, 2010,  that the department finds that listed species have not been discovered  in the plan area  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.  However, the   If the department is not able to make those findings, the department may consider an amendment to the plan and, if approved, may grant an extension.   The  bill would allow an extension by amendment for up to a maximum of 4 additional one-year extensions, without meeting the new requirement, if the plan expired in 2009. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. 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 is effective for a period of not more than 5 years, unless extended pursuant to paragraph (2). (2) A timber harvesting plan on which work has been commenced, but not completed, may be extended by amendment for a one-year period in order to complete the work, up to a maximum of two one-year extensions, if all 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. (C)  The   Except as provided in paragraph (3), for a timber harvesting plan that is approved on or after January 1, 2010, the  department finds both of the following: (i) Listed species have not been discovered  in the plan area  since approval of the timber harvesting plan. (ii) Significant physical changes to the harvest area or adjacent areas have not occurred since the timber harvesting plan's cumulative impacts were originally assessed.  (3) For a timber harvesting plan that is approved on or after January 1, 2010, if the department finds that one or both of the conditions in subparagraph (C) of paragraph (2) are not met, the timber harvesting plan shall be amended in order to qualify for an extension. The timber harvesting plan shall not qualify for an extension pursuant to paragraph (2) unless the amendment is approved by the department pursuant to Section 4591.  (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 work under the plan 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 paragraph (2) of subdivision (a), a timber harvesting plan on which work has commenced, but not completed, may be extended by amendment for up to a maximum of four one-year extensions if the plan expired in 2009, and if the plan complies with subparagraphs (A) and (B) of paragraph (2) of subdivision (a) only.