BILL ANALYSIS Ó
AB 2544
Page 1
ASSEMBLY THIRD READING
AB 2544 (Gordon)
As Introduced February 24, 2012
Majority vote
NATURAL RESOURCES 6-3 APPROPRIATIONS 12-5
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|Ayes:|Chesbro, Brownley, |Ayes:|Fuentes, Blumenfield, |
| |Dickinson, Huffman, | |Bradford, Charles |
| |Monning, Skinner | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Grove, Halderman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
| | | | |
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SUMMARY : Clarifies and expands the Department of Forestry and
Fire Protection's (CalFire) authority regarding land
transactions for the purpose of qualifying for the Department of
General Services (DGS) review exemption. Specifically, this
bill authorizes CalFire to:
1)With the approval of DGS, 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.
2)With the approval of DGS, lease real property acquired for
forestry and fire protection purposes. Rent must be based on
the fair market value of the property when used for the
purpose for which it is leased. The lease term shall not
exceed 10 years. No lease may be entered into that extends
beyond the 10-year period unless approved by the Legislature
or the Public Works Board as specified.
3)Provide temporary means of ingress to, and egress from, all
property under its jurisdiction in order to provide ready
access for the purposes of harvesting timber, conducting
studies, and passing and placing equipment upon the
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department's lands.
4)With the consent of DGS, lease any real or personal property
that the CalFire 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.
5)Upon application by the proper authorities, grant permits and
easements 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;
and, d) to any oil and gas lessee of the state for pipeline
right-of-way purposes.
6)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.
EXISTING LAW :
1)Establishes CalFire, which is responsible for the fire
protection, fire prevention, maintenance, and enhancement of
the state's forest, range, and brushland resources, contract
fire protection, associated emergency services, and assistance
in civil disasters and other nonfire emergencies.
2)Establishes DGS to provide centralized services including
planning, acquisition, construction, and maintenance of state
buildings and property. DGS may acquire title to real
property in the name of the state whenever the acquisition of
real property is authorized or contemplated by law, if no
other state agency is specifically authorized and directed to
acquire it.
3)Authorizes CalFire, with the approval of DGS, to purchase land
for lookout sites and for other administrative purposes.
4)Authorizes CalFire, with the approval of DGS, to enter into
contracts with powerline owners for use of facilities, such as
pole lines, to provide communications needed in connection
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with the prevention and extinguishment of forest fires.
Provision may be made for indemnification and holding harmless
of the owners of such facilities. Insurance may be purchased
by DGS, upon the request of CalFire, to protect the state
against loss or expense arising out of any such contract.
5)Authorizes DGS to exempt from its approval any state real
estate acquisition or conveyance involving not more $150,000
for which DGS's approval is required by statute. Written
notice of an exemption shall be given to the Controller.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential savings of an unknown amount, less than
$100,000, resulting from eliminating the need for DGS review of
minor CalFire 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 CalFire real estate transactions, which
are reviewed by CalFire capital outlay staff, must also be
reviewed by DGS.)
COMMENTS : CalFire, through its Capital Outlay Program, 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 a number of
other kinds of compounds. According to the author, CalFire has
developed real estate staffing and expertise through the Capital
Outlay Program. When CalFire engages in a real estate
transaction, staff, among other things, negotiates and drafts
agreements and prepares the necessary documents. Under existing
law, however, CalFire must send a proposed real estate
transaction to DGS for review and approval. DGS often
duplicates many of the same efforts performed by CalFire. The
author asserts that DGS' involvement has delayed multiple
projects and has cost CalFire and the General Fund hundreds of
thousands of dollars. From 2008 to 2011, CalFire paid
approximately $65,000 to $88,000 for DGS review. In some cases,
the DGS review process is more expensive than the value of the
transaction.
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This bill gives CalFire the authority to receive exemptions from
DGS for real estate acquisitions or conveyances involving not
more than $150,000. Additionally, this bill provides CalFire
the benefit of managing lands under its jurisdiction with
minimal DGS involvement for certain transactions, such as
ingress and egress approval for timber harvesting and other
temporary needs, or when public agencies request easements from
CalFire for installation of telephone, water, and public
utilities to adjacent property owners.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0003460