BILL NUMBER: AB 135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
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. 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 and required to deposit into the
Forest Resource Improvement Fund funds from any source for forest
resource improvement purposes .
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.
The bill would exempt funds received pursuant to the federal American
Recovery and Reinvestment Act of 2009 from a requirement that those
funds be deposited by the Director of Forestry and Fire Protection in
the Forest Resources Improvement Fund.
(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%
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.
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 , except
funds received pursuant to the federal American Recovery and
Reinvestment Act of 2009 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 sharing
requirements of this chapter when the funding source for the
authorized forest resource improvement work prohibits cost
share sharing 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
sharing requirement for projects that are in disadvantaged
and severely disadvantaged communities. The director may also waive
the cost share sharing requirement when
the funding source for a grant prohibits cost share
sharing 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 urban 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.