California Assembly Bill AB1066 Amended / Bill

 BILL NUMBER: AB 1066AMENDED BILL TEXT AMENDED IN SENATE JULY 23, 2009 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   An act to amend, repeal, and add 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.  (1) The   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.   (2) The   The  act provides that a timber harvesting plan  ,  on which work has  been  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.  This bill would allow an extension by amendment for up to a maximum of 4 additional one-year extensions, if the plan expired in 2008 or 2009, and those 2 requirements are met.   This   The  bill would  add to the requirements for this   authorize an  extension  by amendment  for a plan approved on or after January 1, 2010,  to December 31, 2011, inclusive, of up to a maximum of 2 2-year extensions, with the additional requirement  that the department  finds   find  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. If the department is not able to make those findings, the department  may   would be authorized to  consider an amendment to the plan and, if approved,  may  to  grant an extension.  This bill would repeal these provisions as of January 1, 2012.   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   three  years, unless extended pursuant to paragraph (2). (2) A timber harvesting plan  ,  on which work has  been  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 two one-year extensions, if  all   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.  (C) 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.   (d) Notwithstanding subdivision (a) and the submission of a completion report pursuant to Section 4585, a timber harvesting plan, on which work has commenced but not been completed, may be reopened and extended by amendment for up to a maximum of four one-year extensions if the plan expired in 2008 or 2009, and if the plan complies with subparagraphs (A) and (B) of paragraph (2) of subdivision (a).   (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 work, 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 neither of the conditions in subdivision (f) have occurred.   (f) The department shall not approve an extension pursuant to subdivision (e) if either of the following have 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, 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), a landowner shall provide notice to the department of an extension pursuant to this subdivision within 130 days.   (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 is added to the   Public Resources Code   , 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 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 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 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 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) This section shall become operative on January 1, 2012.