BILL NUMBER: AB 135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 1, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to add Article 4.6 (commencing with Section 4149)
to Chapter 1 of Part 2 of Division 4 of the Public Resources Code,
relating to fire protection. An act to amend Sections
4799.04 and 4799.12 of the Public Resources Code, relating to public
resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 135, as amended, Jeffries. Fire protection: contract
for services: United States Forest Service. Public
resources: forest resource improvement: urban forestry: cost sharing.
(1) Existing law authorizes the Department of Forestry and Fire
Protection to enter into agreements and make loans to encourage
private and public investment in, and improved management of, forest
lands and resources within the state to ensure adequate future
high-quality timber supplies, related employment and other economic
benefits, and the protection, maintenance, and enhancement of a
productive and stable forest resource system for the benefit of
present and future generations. The Director of Forestry and Fire
Protection is authorized to enter into agreements for forest resource
improvement work with eligible landowners that require cost sharing
on the part of the landowner.
This bill would allow the department to waive the cost sharing
requirement when the funding source for the authorized forest
resource improvement work prohibits cost sharing requirements.
(2) Existing law, the California Urban Forestry Act of 1978,
authorizes the Department of Forestry and Fire Protection to
implement a program in urban forestry to, among other things,
encourage better management and planting of trees in urban areas and
assist cities in innovative solutions to problems, including
greenhouse gas emissions, urban heat island effect, stormwater
management, lack of green space, and vandalism. The director, with
advice from other appropriate state agencies and interested parties,
is authorized to make grants to provide assistance of 25% to 90% of
costs for projects meeting guidelines established by the State Board
of Forestry and Fire Protection, upon recommendation by the director.
This bill would allow the director to waive the cost sharing
requirement when the funding source for a grant prohibits cost
sharing requirements.
Under existing law, the Department of Forestry and Fire Protection
is responsible for fire protection, fire prevention, maintenance,
and enhancement of the state's forest, range, and brushland
resources.
This bill would authorize the department, subject to certain
conditions, to contract with the United States Forest Service to
provide fire protection services for United States Forest Service
lands in California.
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 4799.04 of the
Public Resources Code is amended to read:
4799.04. To effectuate the purposes of this chapter, the
department is authorized to:
(a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to insure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
(b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
(c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
(d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
(e) In cooperation with other public and private entities or
persons:
(1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
(2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
(f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
(g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
(h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received shall be deposited
by the director in the Forest Resource Improvement Fund established
pursuant to Chapter 3 (commencing with Section 4799.13) of this part.
(i) Waive the landowner cost share requirements of this chapter
when the funding source for the authorized forest resource
improvement work prohibits cost share requirements.
SEC. 2. Section 4799.12 of the Public
Resources Code is amended to read:
4799.12. The director, with advice from other appropriate state
agencies and interested parties, may make grants to provide
assistance of 25 to 90 percent of costs for projects meeting
guidelines established by the board upon recommendation by the
director. The director may waive the cost share requirement for
projects that are in disadvantaged and severely disadvantaged
communities. The director may also waive the cost share
requirement when the funding source for a grant prohibits cost share
requirements. Grants may be made to cities, counties,
districts, and nonprofit organizations. Contributions required as a
condition of grants made pursuant to this section may be made in the
form of material, services, or equipment, or funds. Authorized
assistance may include, but is not limited to, any of the following
needs:
(a) Funding for development of urban tree plans that include
coordination of local agency efforts and citizen involvement.
(b) Funding for development of urban tree plans that include
coordination of multiple jurisdictions, multiple agency efforts, and
citizen involvement.
(c) Funding for development of urban forest master plans or
similar plans designed to provide comprehensive protection,
maintenance, and management of the urban forest.
(d) Provision of seedling and tree stock.
(e) Tree planting projects.
(f) Funding and other assistance to local agencies and nonprofit
organizations for partnerships as follows:
(1) Energy saving urban forest programs similar to the Los Angeles
Department of Water and Power's Trees for Green LA program and the
Sacramento Municipal Utility District's Sacramento Shade Tree
program.
(2) Developing projects or programs that use urban forests for
water conservation, improving water quality, or stormwater capture.
(3) Developing projects or programs that use urban forests for air
quality improvement, reduction in greenhouse gas emissions, or
reduction of heat island effect.
(4) Developing community education and engagement programs on the
benefits and proper care of trees.
(g) Funding for the development of training and educational
materials on the benefits of the urban forest.
(h) Funding for the development of training and educational
materials on proper care and maintenance of trees and the urban
forest, including young and mature tree care.
(i) Funding and other assistance, based on criteria developed by
the department, for management of urban forests to ensure their
survival and ability to optimize the benefits that urban forests
provide the community and the environment.
(j) Funding and other assistance for demonstration projects in
urban forestry with special attention given to projects or programs
assisting the state in meeting the requirements of the Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), improving energy and water
conservation, capturing and filtering urban stormwater, improving
water quality, reducing the urban heat island effect, improving air
quality, and wood and fiber utilization projects, including, but not
limited to, biofuel and bioenergy.
(k) Other categories of projects recommended by the director and
approved by the board.
SECTION 1. Article 4.6 (commencing with Section
4149) is added to Chapter 1 of Part 2 of Division 4 of the Public
Resources Code, to read:
Article 4.6. United States Forest Service Contracts
4149. (a) The department may, with the approval of the Department
of General Services, contract with the United States Forest Service
to provide fire protection services for United States Forest Service
lands in California.
(b) The fire protection services shall not be provided for less
than fair market value, as determined by the department.
(c) The monetary amount paid pursuant to the contract shall not be
less than the actual costs to the state for providing the fire
protection services.
(d) The terms of the contract shall not interfere with or prevent
the department from performing its duties to the state pursuant to
any other provision of law.