BILL NUMBER: AB 2544	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 13, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012
	AMENDED IN SENATE  JUNE 27, 2012

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 24, 2012

   An act to amend Sections 4031, 4115, and 4141 of, and to add
Sections 4032, 4033, and 4034 to, the Public Resources Code, relating
to forestry and fire protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2544, 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 delete that authority for the purchase of land for
lookout sites or other administrative purposes and would instead
authorize the department, to 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. The bill
would require these agreements, easements, licenses, or permits to be
for no more than fair market value and would require the Department
of General Services to sign all applicable certificates of
acceptance.
   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
department's use. The bill would authorize the department to provide
permits for temporary means of ingress to, egress from, and movement
across 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.

   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 real
property in specified locations for the use of their lands or
facilities or to install certain telecommunications facilities.
   Exiting law authorizes the department to enter into cooperative
agreements with the federal government, for the purpose of
maintaining a fire patrol system for the prevention and suppression
of forest fires, as specified.
   This bill would additionally authorize the department to enter
into special use permits with the federal government for these
purposes and would include staffing and facilities for the prevention
and suppression of forest fires in the definition of a fire patrol
system for purposes of these provisions.



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.  (a) The department may, with the approval of the Department
of General Services, 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 in accordance
with subdivisions (b) and (c).
   (b) All agreements, easements, licenses, or permits entered into
pursuant to subdivision (a) shall be for no more than fair market
value.
   (c) The Department of General Services shall sign all applicable
certificates of acceptance entered into pursuant to subdivision (a)
in accordance with Section 27281 of the Government Code.
   (d) This section does not allow the department to purchase land
for lookout sites or other administrative purposes.
  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 department's use.
   (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 5 years. All leases entered
into pursuant to this section shall be subject to the approval of the
Department of General Services.
   (d) No lease shall be entered into that extends beyond the 5-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 permits for temporary means
of ingress to, egress from, and movement across 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 a 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, and the
permit shall include language stating this.
   (2) The permits are and shall be 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. 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 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 real property for the use of their lands or facilities in
locations where no other state tenant exists or to install portable
or single use remote telecommunications facilities. Provision may be
made for indemnification and holding harmless of the owners of those
facilities which are so used by reason of that 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 a contract entered into pursuant to this section.
  SEC. 6.  Section 4141 of the Public Resources Code is amended to
read:
   4141.  (a) The department may, for the prevention and suppression
of forest fires, enter into cooperative agreements with any person,
firm, association, or corporation that owns or controls any forest,
brush, grass, or grain lands, under such terms as the department
deems advisable, and may renew, revise, or terminate these
agreements.
    (b) The department also may, for the purpose of maintaining a
fire patrol system, including staffing and facilities for the
prevention and suppression of forest fires in any timber, brush,
grass, or other flammable vegetation or material, enter into
cooperative agreements and special use permits with the federal
government, under those terms as it deems advisable, and may renew,
revise, or terminate these agreements.
    (c) The expenses incurred under the agreements or permits entered
into pursuant to this section shall be paid from appropriations or
funds available for forest fire protection.