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. 2009-2010 Legislature. View bill details
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). 
Senate Vote: On Passage

PASSED on August 18, 2010.

voted YES: 32 voted NO: 1
5 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
    select this voteAssembly 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
    currently selectedSenateAssembly 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.
    select this voteVote5/12/2010Do 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.
    currently selectedSenate 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.

    Total contributions given to Senators from Municipal & county government organizations, which…

    supported this bill

    Municipal & county government organizations$13,650
    $13,650

    19 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Amend Section 4590 of the Public Resources Code, Relating to Forest Practices, and Declaring the Urgency Thereof, to Take Effect Immediately.: Assembly 3rd Reading AB2163 Mendoza Urgency Clause

    19 organizations supported this bill

    Associated California Loggers
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Association of Western Pulp & Paper Workers
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Business Properties Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Cattlemen's Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Chamber of Commerce
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Farm Bureau Federation
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Forestry Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Licensed Foresters Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California Manufacturers & Technology Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    California State Association of Counties
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Forest Landowners Association
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Forest Resources Council
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    International Association of Machinists and Aerospace Workers
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Lumber Association of California & Nevada
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Regional Council of Rural Counties
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    United Brotherhood of Carpenters and Joiners of America
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    United Steelworkers
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Western Council Of Industrial Workers
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Woodworkers District Lodge
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .

    3 organizations opposed this bill

    Ebbetts Pass Forest Watch
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Forests Forever
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .
    Sierra Club California
    Office of Senate Floor Analyses (2010, August 4). 8/04/2010: Senate Floor. Retrieved September 21, 2010, from .

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Senators in office on day of vote, from Municipal & county government organizations interest groups, January 1, 2007 – December 31, 2010.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Votesort icon
    Leland YeeDCA-8$1,000$0No
    Ellen CorbettDCA-10$0$0Not Voting
    George RunnerRCA-17$0$0Not Voting
    Jenny OropezaDCA-28$0$0Not Voting
    Mimi WaltersRCA-33$0$0Not Voting
    Pat WigginsDCA-2$0$0Not Voting
    Alan LowenthalDCA-27$0$0Yes
    Alex PadillaDCA-20$3,000$0Yes
    Bill EmmersonRCA-37$0$0Yes
    Bob DuttonRCA-31$0$0Yes
    Bob HuffRCA-29$0$0Yes
    Carol LiuDCA-21$0$0Yes
    Christine KehoeDCA-39$0$0Yes
    Curren PriceDCA-26$0$0Yes
    Darrell SteinbergDCA-6$1,000$0Yes
    Dave CogdillRCA-14$1,650$0Yes
    Dean FlorezDCA-16$0$0Yes
    Denise DuchenyDCA-40$0$0Yes
    Dennis HollingsworthRCA-36$0$0Yes
    Elaine AlquistDCA-13$0$0Yes
    Fran PavleyDCA-23$0$0Yes
    Gilbert CedilloDCA-22$1,000$0Yes
    Gloria Negrete McLeodDCA-32$0$0Yes
    Gloria RomeroDCA-24$0$0Yes
    Jeff DenhamRCA-12$0$0Yes
    Joe SimitianDCA-11$0$0Yes
    Lois WolkDCA-5$0$0Yes
    Loni HancockDCA-9$0$0Yes
    Lou CorreaDCA-34$0$0Yes
    Mark DeSaulnierDCA-7$0$0Yes
    Mark LenoDCA-3$0$0Yes
    Mark WylandRCA-38$0$0Yes
    Rod WrightDCA-25$1,500$0Yes
    Ron CalderonDCA-30$0$0Yes
    Roy AshburnRCA-18$0$0Yes
    Sam AanestadRCA-4$0$0Yes
    Tom HarmanRCA-35$4,500$0Yes
    Tony StricklandRCA-19$0$0Yes

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Sam AanestadRCA-4$13,450$0Yes
    Elaine AlquistDCA-13$30,000$0Yes
    Roy AshburnRCA-18$0$0Yes
    Ron CalderonDCA-30$100,600$0Yes
    Gilbert CedilloDCA-22$37,100$0Yes
    Dave CogdillRCA-14$63,303$5,600Yes
    Ellen CorbettDCA-10$133,051$0Not Voting
    Lou CorreaDCA-34$146,522$0Yes
    Mark DeSaulnierDCA-7$334,568$0Yes
    Jeff DenhamRCA-12$32,205$0Yes
    Denise DuchenyDCA-40$0$0Yes
    Bob DuttonRCA-31$19,900$1,500Yes
    Bill EmmersonRCA-37$11,600$0Yes
    Dean FlorezDCA-16$2,500$0Yes
    Loni HancockDCA-9$92,250$350Yes
    Tom HarmanRCA-35$38,750$0Yes
    Dennis HollingsworthRCA-36$3,000$0Yes
    Bob HuffRCA-29$33,150$990Yes
    Christine KehoeDCA-39$69,750$0Yes
    Mark LenoDCA-3$86,800$0Yes
    Carol LiuDCA-21$81,850$4,600Yes
    Alan LowenthalDCA-27$117,200$0Yes
    Gloria Negrete McLeodDCA-32$102,900$0Yes
    Jenny OropezaDCA-28$58,800$0Not Voting
    Alex PadillaDCA-20$164,200$0Yes
    Fran PavleyDCA-23$44,150$14,850Yes
    Curren PriceDCA-26$80,196$0Yes
    Gloria RomeroDCA-24$53,410$0Yes
    George RunnerRCA-17$28,000$0Not Voting
    Joe SimitianDCA-11$64,050$4,600Yes
    Darrell SteinbergDCA-6$222,850$3,900Yes
    Tony StricklandRCA-19$59,200$0Yes
    Mimi WaltersRCA-33$40,850$2,000Not Voting
    Pat WigginsDCA-2$30,100$0Not Voting
    Lois WolkDCA-5$140,650$6,000Yes
    Rod WrightDCA-25$110,193$0Yes
    Mark WylandRCA-38$18,250$0Yes
    Leland YeeDCA-8$171,689$0No

    Interest Groups that supported this bill

    $ Donated
    Construction unions$2,112,716
    Building operators & managers$281,196
    Manufacturing$123,531
    Timber companies, sawmills, & others engaged in cutting down trees$99,882
    Chambers of commerce$99,055
    Farm organizations & cooperatives$47,900
    Livestock$32,455
    Paper & pulp mills and paper manufacturing$20,650
    Municipal & county government organizations$13,650
    Communications & hi-tech unions$6,000
    Lumber and wood products & lumber yards$0

    Interest Groups that opposed this bill

    $ Donated
    Environmental policy$44,390
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