BILL NUMBER: AB 2544	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 24, 2012

   An act to amend Sections 4031 and 4115 of, and to add Sections
4032, 4033, 4034, and 4035 to, the Public Resources Code, relating to
forestry and fire protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2544, as introduced, Gordon. Forestry and fire protection: land
purchases and property use.
   Existing law authorizes the Department of Forestry and Fire
Protection (department), with the approval of the Department of
General Services, to purchase land for lookout sites and for other
administrative purposes.
   This bill would authorize the department, with the approval of the
Department of General Services, to purchase land and enter into
agreements, easements, licenses, or permits to acquire real property
rights for the purposes of establishing fire protection, fire
prevention, fire suppression, demonstration state forests, pest
control, forest and range protection, and enhancement activities and
related uses.
   This bill would authorize the department to lease, for any use,
all or any portion of any parcel of real property acquired for
forestry and fire protection purposes if the Director of Forestry and
Fire Protection finds that the use would be compatible with the use
of the real property for those purposes. The bill would authorize the
department to provide temporary means of ingress to, and egress
from, all property under the jurisdiction of the department in order
to provide ready access for the purposes of harvesting timber,
conducting studies, and passing and placing equipment upon the
department's lands, as prescribed.
   This bill would further authorize the department, with the consent
of the Department of General Services, to lease any real or personal
property that the department deems necessary for temporary use for
fire station facilities, modular facilities, storage, warehouse, or
office purposes when existing departmental facilities are inadequate
or when the extension, improvement, or development of fire stations
and forestry lands is needed. The bill would authorize the
department, upon application by the proper authorities, to grant
permits and easements for specified purposes and upon those terms as
the department may prescribe.
   Existing law authorizes the department, in providing
communications and necessary powerlines in connection with the
prevention and extinguishment of forest fires, with the approval of
the Department of General Services, to enter into contracts with the
owners of similar facilities for the use of their facilities.
   This bill would additionally authorize the department, in
providing telecommunications in connection with the prevention and
extinguishment of forest fires, with the approval of the Department
of General Services, to enter into contracts with the owners of
similar facilities for use of their facilities.
   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 4031 of the Public Resources Code is amended to
read:
   4031.  The department may, with the approval of the Department of
General Services, purchase land  for lookout sites and for
other administrative purposes   and enter into
agreements, easements, licenses, or permits to acquire real property
rights for the purposes of establishing fire protection, fire
prevention, fire suppression, demonstration state forests, pest
control, forest and range protection, and enhancement activities and
related uses  .
  SEC. 2.  Section 4032 is added to the Public Resources Code, to
read:
   4032.  (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for forestry and fire
protection purposes if the director finds that the use would be
compatible with the use of the real property for those purposes.
   (b) Rent shall be based on the fair market value of the property
when used for the purpose for which it is leased.
   (c) The lease term shall not exceed 10 years. All leases shall be
subject to the approval of the Department of General Services.
   (d) No lease shall be entered into that extends beyond the 10-year
period unless the Legislature has reviewed and approved the proposed
lease as part of the annual budget process, or the Public Works
Board has determined that the proposed lease could not have been
presented to the Legislature for review and approval in the course of
its consideration of the Budget Bill and that it would be adverse to
the interests of the public to defer that review and approval to a
time when the Legislature next considers a Budget Bill. Upon making
that determination, the board may review and approve the proposed
lease after giving at least 20 days' written notice to the
Chairperson of the Joint Legislative Budget Committee and to the
chairperson of the fiscal and appropriate policy committees of its
intended action. All actions taken by the board pursuant to this
subdivision shall be reported to the Legislature in the next Governor'
s Budget.
  SEC. 3.  Section 4033 is added to the Public Resources Code, to
read:
   4033.  (a) The department may provide temporary means of ingress
to, and egress from, all property under the jurisdiction of the
department in order to provide ready access for the purposes of
harvesting timber, conducting studies, and passing and placing
equipment upon the department's lands.
   (b) The department may grant a permit for right-of-way across the
department's lands over that route and subject to those conditions
and construction and maintenance specifications as the department may
determine that will cause minimum alteration to the physical
features of the department's lands and minimum interference with the
use of the forests by the public.
   (c) The permittee shall, at his or her own expense, construct and
maintain the means of ingress and egress, in accordance with the
terms and conditions set forth in the permit, noncompliance with
which in any part shall be due cause for revocation of that permit.
   (d) The department may require a permittee or permittees to allow
the use of those temporary means of ingress and egress by any other
applicant whose lands are similarly situated.
   (e) The department may, at its discretion, charge a reasonable fee
for access to its lands.
   (f) (1) A permit granted for passage pursuant to this section is
temporary and does not imply consent to a permanent easement.
   (2) The permits are revocable at any time.
  SEC. 4.  Section 4034 is added to the Public Resources Code, to
read:
   4034.  The department, with the consent of the Department of
General Services, may lease any real or personal property that the
department deems necessary for temporary use of fire station
facilities, modular facilities, storage, warehouse, or office
purposes when existing departmental facilities are inadequate or when
the extension, improvement, or development of fire stations and
forestry lands is needed. This section does not apply when the
Department of General Services leases land for the use of the
department under Section 14669 of the Government Code.
  SEC. 5.  Section 4035 is added to the Public Resources Code, to
read:
   4035.  The department may, upon application by the proper
authorities, grant permits and easements for the following purposes
and upon those terms as the department may prescribe:
   (a) To a public agency for public roads.
   (b) To a public agency for utility lines.
   (c) For electric, gas, water, sewer, telephone, telegraph, and
utility lines, and pipelines and structures incidental thereto, to
perform a public service or oil or gas pipelines.
   (d) To any oil and gas lessee of the state for pipeline
right-of-way purposes.
  SEC. 6.  Section 4115 of the Public Resources Code is amended to
read:
   4115.  In providing communications  , telecommunications,
 and necessary powerlines in connection with the prevention and
extinguishment of forest fires  ,  the department, with the
approval of the Department of General Services, may enter into
contracts with the owners of similar facilities for use of their
facilities, such as  communications facilities,
telecommunications facilities, and  pole lines. Provision may be
made for indemnification and holding harmless of the owners of
 such   those  facilities which are so used
by reason of such use. Insurance may be purchased by the Department
of General Services, upon request of the department  ,  to
protect the state against loss or expense arising out of  any
such   a  contract  entered into pursuant to
this section  .