BILL NUMBER: AB 2761	CHAPTERED
	BILL TEXT

	CHAPTER  271
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2010
	PASSED THE SENATE  AUGUST 27, 2010
	PASSED THE ASSEMBLY  AUGUST 30, 2010
	AMENDED IN SENATE  JUNE 3, 2010

INTRODUCED BY   Committee on Natural Resources (Chesbro (Chair),
Gilmore (Vice Chair), Brownley, De Leon, Hill, Huffman, Knight,
Logue, and Skinner)

                        FEBRUARY 23, 2010

   An act to amend Sections 2205, 4799.09, and 4799.11 of, and to
repeal Section 3102 of, the Public Resources Code, relating to
natural resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2761, Committee on Natural Resources. Natural resources.
   (1) Under existing law, the State Geologist is the head of the
California Geological Survey in the Department of Conservation. The
State Geologist advises the Director of Conservation regarding
technical, scientific, and engineering issues, including the
scientific quality of the division's products and activities.
Existing law authorizes the State Geologist to perform various
activities.
   This bill would revise the existing authority of the State
Geologist to contract with governmental and nongovernmental entities
to provide funding for services and resources provided to those
entities by the California Geological Survey. The bill would also
define "governmental entities" and "nongovernmental entities" for
purposes of the general contracting authority of the State Geologist.

   (2) Existing law provides that the Attorney General is the legal
advisor for the Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation. Existing law requires the Attorney
General to perform or provide legal services for the division as it
may require.
   This bill would repeal that provision.
   (3) The California Urban Forestry Act of 1978 authorizes the
Department of Forestry and Fire Protection to implement a program in
urban forestry for specified purposes. The act defines "urban
forestry" for its purposes as the cultivation and management of trees
in urban areas for their present and potential contribution to the
economic, physiological, sociological, and ecological well-being of
urban society. The act authorizes the department and other state
agencies to assist local tree maintenance programs by making surplus
equipment available on loan where feasible for regional and local
urban forestry efforts.
   This bill would revise the definition of "urban forestry" to refer
to native or introduced trees and related vegetation instead of only
trees. The bill would revise the authorization for equipment loaning
to instead authorize the department and other state agencies to
assist local tree maintenance and green waste utilization programs by
making equipment available on loan where feasible and not
detrimental to department or other state agency operations, and would
require the equipment to be used only to support regional or local
urban forestry efforts consistent with the act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2205 of the Public Resources Code is amended to
read:
   2205.  (a) The State Geologist may do all of the following:
   (1) Make, facilitate, and encourage special studies of the mineral
resources, mineral industries, and geology of the state.
   (2) Collect statistics concerning the occurrence and production of
the economically important minerals and the methods pursued in
making their valuable constituents available for commercial use.
   (3) Conduct, with governmental and nongovernmental entities,
geological investigations, studies, and other activities for
purposes, including, but not limited to, the timely identification,
delineation, and assessment of geological hazards and their potential
consequences.
   (4) Identify and delineate deposits of mineral raw materials in
order to prevent their loss to urban encroachment and to assist in
their ultimate utilization; and enter into, as the need arises,
cooperative agreements, for geological or mineral industry
investigations, with cities, cities and counties, counties, federal
agencies, and universities that may provide for cost-sharing or
cooperative funding.
   (5) Maintain a laboratory to provide support to the division staff
and to conduct other investigations in the line of physical and
chemical testing and analysis and mineral identification as may be
required in the execution of the plans and operations of the division
under this chapter.
   (6) Issue from time to time reports and maps concerning the
geology of the state and the statistics and technology of the mineral
industries of the state, including results of investigations in
mineral resources conservation practices, the use and recycling of
scrap mineral products, the control, disposal, reclamation, and
utilization of mining and mineral processing waste products, and the
reclamation of mined lands.
   (7) Conduct, with cities or counties, other state agencies,
universities, federal agencies, or private industry, investigations
in mining and metallurgy, including the use and recycling of scrap
mineral products, and land use practices as these apply to mineral
resources conservation, and enter into, as the need arises,
cooperative or contractual agreements for those investigations that
may provide for cost-sharing or cooperative funding.
   (8) Conduct, with cities and counties, other state agencies,
universities, federal agencies, or private industry, investigations
in the study and development of methods for the control, disposal,
reclamation, and utilization of mining and mineral processing waste
products and the reclamation of mined lands, and enter into, as the
need arises, cooperative or contractual agreements for those
investigations that may provide for cost-sharing or cooperative
funding.
   (9) Enter into, as the need arises, agreements including, but not
limited to, contracts, grant agreements, and cooperative agreements,
with governmental and nongovernmental entities that may provide
funding for activities of the California Geological Survey and for
the activities of the department that are directly related to the
activities of the California Geological Survey. Activities that may
be funded include, but are not limited to, technical, analytic, and
research services related to geologic hazards and resources that the
California Geological Survey may provide directly to those entities.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Governmental entities" include, but are not limited to,
cities, counties, special districts, school districts, state
agencies, federal agencies, public hospitals, colleges, and
universities.
   (2) "Nongovernmental entities" include, but are not limited to,
private academic institutions, nonprofit organizations, and private
hospitals.
  SEC. 2.  Section 3102 of the Public Resources Code is repealed.
  SEC. 3.  Section 4799.09 of the Public Resources Code is amended to
read:
   4799.09.  As used in this chapter the following terms have the
following meanings:
   (a) "Disadvantaged community" means a community with a median
household income less than 80 percent of the statewide average.
   (b) "Severely disadvantaged community" means a community with a
median household income less than 60 percent of the statewide
average.
   (c) "Urban forestry" means the cultivation and management of
native or introduced trees and related vegetation in urban areas for
their present and potential contribution to the economic,
physiological, sociological, and ecological well-being of urban
society.
   (d) "Urban forest" means those native or introduced trees and
related vegetation in the urban and near-urban areas, including, but
not limited to, urban watersheds, soils and related habitats, street
trees, park trees, residential trees, natural riparian habitats, and
trees on other private and public properties.
   (e) "Urban area" means an urban place, as that term is defined by
the United States Department of Commerce, of 2,500 or more persons.
  SEC. 4.  Section 4799.11 of the Public Resources Code is amended to
read:
   4799.11.  (a) The department shall provide technical assistance to
urban areas with respect to all of the following:
   (1) Planning for regional, county, and local land use analysis
projects related to urban forestry.
   (2) Preparation of urban tree plans and the selection of trees in
large-scale landscaping and reforestation efforts.
   (3) Development and coordination of training programs for
neighborhood and local agency tree planting and maintenance crews.
   (4) Advice to cities, counties, districts, and regional entities,
homeowner neighborhood groups, and nonprofit organizations on tree
disease, insect problems, tree planting, and maintenance.
   (5) The role of forest ecology in planning for the future of urban
areas, including climate change and greenhouse gas emission
reductions, air quality, watershed problems, and energy conservation.

   (6) Retention of native trees and riparian habitats.
   (7) Any other matter relating to the purposes of this chapter.
   (b) The department and other state agencies are also authorized to
assist local tree maintenance and green waste utilization programs
by making equipment available on loan where feasible and not
detrimental to department or other state agency operations. That
equipment may be used only to support regional or local urban
forestry efforts consistent with this chapter, including by nonprofit
organizations involved in urban tree care or urban green waste
utilization efforts.