BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2544
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          Date of Hearing:   May 2, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 2544 (Gordon) - As Introduced:  February 24, 2012 

          Policy Committee:                              Natural 
          ResourcesVote:6-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill authorizes the Department of Forestry and Fire 
          Protection (CAL FIRE), with the permission of the Department of 
          General Services (DGS), to undertake certain real estate 
          transactions.  Specifically, this bill:

          1)Authorizes CAL FIRE, with DGS approval, to undertake certain 
            real estate transactions involving no more than $150,000, 
            including:

             a)   Leases for use of CAL FIRE land or real property 
               acquired for forestry and fire protection if the director 
               of CAL FIRE determines the use would be compatible with 
               other uses of the property, provided CAL FIRE charges rent 
               based on fair market value.
             b)   Temporary ingress, egress and right-of-way.
             c)   Leases that allow CAL FIRE temporary access to 
               facilities necessary for temporary use when CAL FIRE 
               facilities are inadequate.
             d)   Granting of permits and easements to a public agency for 
               public roads or utility lines, or for utility and oil and 
               gas infrastructure.

          2)Authorizes CAL FIRE to enter into contracts with owners of 
            communication and telecommunication facilities to provide 
            communications and telecommunications needed in connection 
            with the prevention and extinguishment of forest fires. 

           FISCAL EFFECT  

          Potential savings of an unknown amount, less than $100,000, 








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          resulting from eliminating the need for DGS review of minor CAL 
          FIRE real estate transactions.  The amount of these potential 
          savings is unknown. 

          (DGS expresses concern the bill will result in duplication of 
          services, since DGS has a Real Estate Services Division that 
          conducts real estate transactions for all departments.  It seems 
          more likely, however, that such duplication of services exists 
          under current law, as CAL FIRE real estate transactions, which 
          are reviewed by CAL FIRE capital outlay staff, must also be 
          reviewed by DGS.)
           
          COMMENTS  

           1)Rationale.   The author contends it is duplicative to require 
            relatively minor CAL FIRE real estate transactions, which have 
            been reviewed by CAL FIRE's capital outlay staff, to be 
            reviewed by DGS real estate transaction staff.  The author 
            notes the authority this bill would grant to CAL FIRE is 
            patterned on statutory authority provided to the Department of 
            Parks and Recreation.

           2)Background.   CAL FIRE works with DGS to acquire property and 
            develop plans for facilities such as fire stations, training 
            centers, emergency command centers, fire lookout towers, radio 
            towers and other facilities. When CAL FIRE engages in a real 
            estate transition, CAL FIRE staff negotiates and drafts 
            agreements and prepares necessary documents. Statute requires 
            CAL FIRE, then, to send the proposed real estate transaction 
            to DGS for review and approval, the costs of which are 
            reimbursed by CAL FIRE.  

            According to CAL FIRE, in recent years these reimbursements 
            have ranged from $65,000 to $88,000.  DGS confirms that the 
            authority sought by this bill is similar to current statutory 
            authority enjoyed by the Department of Parks and Recreation.

           3)Support  .  This bill is supported by the California Land 
            Surveyors Association.

           4)There is no opposition formally registered against this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081 










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