AB 2163 - An Act to Amend Section 4590 of the Public Resources Code, Relating to Forest Practices, and Declaring the Urgency Thereof, to Take Effect Immediately.

Forest practices: timber harvesting plans.
Author(s):
Summary:
(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… More
(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. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Committee on Appropriations Vote: Do pass as amended, to Consent Calendar.

PASSED on May 12, 2010.

voted YES: 15 voted NO: 0
2 voted present/not voting

An Act to Amend Section 4590 of the Public Resources Code, Relating to Forest Practices, and Declaring the Urgency Thereof, to Take Effect Immediately.

AB 2163 — 2009-2010 Legislature

Summary
(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… More
(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. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 4590 of the Public Resources Code, Relating to Forest Practices, and Declaring the Urgency Thereof, to Take Effect Immediately.
Author(s)
Tony Mendoza
Co-Authors
    Subjects
    • Forest practices: timber harvesting plans
    Major Actions
    Introduced2/18/2010
    Referred to Committee
    Passed Assembly Committee on Natural Resources4/19/2010
    Passed Assembly Committee on Appropriations5/12/2010
    Passed Assembly5/20/2010
    Passed Senate Committee on Natural Resources and Water6/29/2010
    Passed Senate8/18/2010
    Presented to the governor (enrolled)8/26/2010
    Became law (chaptered).9/27/2010
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on Natural ResourcesDo pass as amended and be re-referred to the Committee on Appropriations.4/19/2010This motion PASSED the Assembly Committee on Natural Resources
    9 voted YES 0 voted NO 0 voted present/not voting
    currently selectedAssembly Committee on AppropriationsDo pass as amended, to Consent Calendar.5/12/2010This motion PASSED the Assembly Committee on Appropriations
    15 voted YES 0 voted NO 2 voted present/not voting
    select this voteAssemblyAB 2163 MENDOZA Third Reading Urgency5/20/2010This bill PASSED the Assembly
    57 voted YES 7 voted NO 15 voted present/not voting
    select this voteSenate Committee on Natural Resources and WaterDo pass, but re-refer to the Committee on Appropriations.6/29/2010This motion PASSED the Senate Committee on Natural Resources and Water
    6 voted YES 0 voted NO 3 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB2163 Mendoza Urgency Clause8/18/2010This bill PASSED the Senate
    32 voted YES 1 voted NO 5 voted present/not voting
    ActionDateDescription
    Introduced2/18/2010
    2/18/2010Read first time. To print.
    2/19/2010From printer. May be heard in committee March 21.
    4/05/2010Referred to Com. on NAT. RES. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. (Corrected April 7.)
    4/06/2010Re-referred to Com. on NAT. RES.
    4/12/2010From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
    4/13/2010Re-referred to Com. on NAT. RES.
    select this voteVote4/19/2010Do pass as amended and be re-referred to the Committee on Appropriations.
    4/22/2010From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 19).
    4/26/2010Read second time and amended.
    4/27/2010Re-referred to Com. on APPR.
    currently selectedVote5/12/2010Do pass as amended, to Consent Calendar.
    5/13/2010From committee: Amend, and do pass as amended. To Consent Calendar. (May 12).
    5/17/2010Read second time and amended. Ordered returned to second reading.
    5/18/2010Read second time. To Consent Calendar.
    5/20/2010From Consent Calendar. Ordered to third reading. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 57. Noes 7. Page 5258.)
    5/20/2010In Senate. Read first time. To Com. on RLS. for assignment.
    select this voteAssembly Vote on Passage5/20/2010AB 2163 MENDOZA Third Reading Urgency
    6/03/2010Referred to Com. on N.R. & W.
    6/16/2010In committee: Hearing postponed by committee.
    select this voteVote6/29/2010Do pass, but re-refer to the Committee on Appropriations.
    6/29/2010From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (June 29).
    8/02/2010From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
    8/03/2010Read second time. To third reading.
    8/18/2010Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 32. Noes 1. Page 4575.)
    8/18/2010In Assembly. To enrollment.
    select this voteSenate Vote on Passage8/18/2010Assembly 3rd Reading AB2163 Mendoza Urgency Clause
    8/26/2010Enrolled and to the Governor at 4:45 p.m.
    9/25/2010Approved by the Governor.
    9/27/2010Chaptered by Secretary of State - Chapter 376, Statutes of 2010.
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    An Act to Amend Section 4590 of the Public Resources Code, Relating to Forest Practices, and Declaring the Urgency Thereof, to Take Effect Immediately.: Do pass as amended, to Consent Calendar.

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    Tom AmmianoDCA-13$0$0Not Voting
    Steven BradfordDCA-51$0$0Yes
    Charles CalderonDCA-58$0$0Not Voting
    Connie ConwayRCA-34$0$0Yes
    Joe CotoDCA-23$0$0Yes
    Mike DavisDCA-48$0$0Yes
    Felipe FuentesDCA-39$0$0Yes
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    Jim NielsenRCA-2$0$0Yes
    Chris NorbyRCA-72$0$0Yes
    Nancy SkinnerDCA-14$0$0Yes
    Jose SolorioDCA-69$0$0Yes
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