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.

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

Introduced	2/18/2010
Referred to Committee
Passed Assembly Committee on Natural Resources	4/19/2010
Passed Assembly Committee on Appropriations	5/12/2010
Passed Assembly	5/20/2010
Passed Senate Committee on Natural Resources and Water	6/29/2010
Passed Senate	8/18/2010
Presented to the governor (enrolled)	8/26/2010
Became law (chaptered).	9/27/2010

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Natural Resources	Do pass as amended and be re-referred to the Committee on Appropriations.	4/19/2010	This motion PASSED the Assembly Committee on Natural Resources 9 voted YES 0 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Appropriations	Do pass as amended, to Consent Calendar.	5/12/2010	This motion PASSED the Assembly Committee on Appropriations 15 voted YES 0 voted NO 2 voted present/not voting
select this vote	Assembly	AB 2163 MENDOZA Third Reading Urgency	5/20/2010	This bill PASSED the Assembly 57 voted YES 7 voted NO 15 voted present/not voting
select this vote	Senate Committee on Natural Resources and Water	Do pass, but re-refer to the Committee on Appropriations.	6/29/2010	This motion PASSED the Senate Committee on Natural Resources and Water 6 voted YES 0 voted NO 3 voted present/not voting
currently selected	Senate	Assembly 3rd Reading AB2163 Mendoza Urgency Clause	8/18/2010	This bill PASSED the Senate 32 voted YES 1 voted NO 5 voted present/not voting

	Action	Date	Description
	Introduced	2/18/2010
		2/18/2010	Read first time. To print.
		2/19/2010	From printer. May be heard in committee March 21.
		4/05/2010	Referred 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.)
		4/06/2010	Re-referred to Com. on NAT. RES.
		4/12/2010	From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.
		4/13/2010	Re-referred to Com. on NAT. RES.
select this vote	Vote	4/19/2010	Do pass as amended and be re-referred to the Committee on Appropriations.
		4/22/2010	From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 19).
		4/26/2010	Read second time and amended.
		4/27/2010	Re-referred to Com. on APPR.
select this vote	Vote	5/12/2010	Do pass as amended, to Consent Calendar.
		5/13/2010	From committee: Amend, and do pass as amended. To Consent Calendar. (May 12).
		5/17/2010	Read second time and amended. Ordered returned to second reading.
		5/18/2010	Read second time. To Consent Calendar.
		5/20/2010	From Consent Calendar. Ordered to third reading. Read third time. Urgency clause adopted. Passed and to Senate. (Ayes 57. Noes 7. Page 5258.)
		5/20/2010	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/20/2010	AB 2163 MENDOZA Third Reading Urgency
		6/03/2010	Referred to Com. on N.R. & W.
		6/16/2010	In committee: Hearing postponed by committee.
select this vote	Vote	6/29/2010	Do pass, but re-refer to the Committee on Appropriations.
		6/29/2010	From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 0.) (June 29).
		8/02/2010	From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
		8/03/2010	Read second time. To third reading.
		8/18/2010	Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 32. Noes 1. Page 4575.)
		8/18/2010	In Assembly. To enrollment.
currently selected	Senate Vote on Passage	8/18/2010	Assembly 3rd Reading AB2163 Mendoza Urgency Clause
		8/26/2010	Enrolled and to the Governor at 4:45 p.m.
		9/25/2010	Approved by the Governor.
		9/27/2010	Chaptered by Secretary of State - Chapter 376, Statutes of 2010.