BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 135 HEARING DATE: July 6, 2009
AUTHOR: Jeffries URGENCY: Yes
VERSION: May 29, 2009 CONSULTANT: Marie Liu
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Public resources: forest protection: urban forestry:
cost sharing.
BACKGROUND AND EXISTING LAW
The Department of Forestry and Fire (CDF) is authorized to enter
into contracts with private land owners and other public
agencies for prescribed burning or other hazardous fuel
reduction within wild lands. The state's cost share for these
contracts shall be equal to the state to private ration of
benefits to the project. The state may not pay more than 90% of
the costs unless the director of CDF determines that there will
be no direct private economic benefits from the project.
Under 4790 et seq. of the Public Resources Code, CDF
administers the California Forest Improvement Program (CFIP) to
encourage private and public investment in, and improved
management of, California forest lands and resources. The goal
of the CFIP is to ensure adequate high quality timber supplies,
related employment and other economic benefits, and the
protection, maintenance, and enhancement of a productive and
stable forest resource system. CFIP provides eligible
landowners, on a voluntary basis, with technical and financial
assistance for planning, reforestation, and resource management
investments that improve the quality and value of forestland.
This program may require up to a 25% cost share match from the
program participant. There is a maximum of a 10% cost share if
the project is on lands substantially damaged by fire, insects
and earthquakes.
Under 4799.06 et seq., CDF administers the Urban Forestry
Program to offer grants to urban communities throughout
California to create and maintain sustainable urban forests.
This program offers assistance for 25 to 90 percent of costs for
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projects such as the development of urban tree plans, tree
planting projects, energy saving forest programs, the
development of urban forest master plans, and forest programs
that use urban forests for air quality improvement, reduction in
greenhouse gas emissions, and improving water quality. The cost
share requirements can be waived for projects that are in
disadvantaged communities.
PROPOSED LAW
This bill would allow the director of CDF to waive the cost
share requirements for CFIP, the Urban Forestry Program, and
prescribed burning agreements when the funding source prohibits
cost sharing requirements.
This bill would also remove the requirement for CDF to receive
approval from the Department of General Services to enter into
agreements for prescribed burning. The director may also accept
grants and donations from any source for the purpose of
supporting or facilitating prescribed burning.
Lastly this bill will add nonprofit organizations to the
definition of "person."
ARGUMENTS IN SUPPORT
The author states, "The recently enacted federal stimulus bill,
the American Recovery and Reinvestment Act (ARRA), provides
billions of dollars to the states and Americans. Among the
provisions in the ARRA is $250 million to the United States
Forest Service to distribute to the states and agencies for
forest management and fire prevention. One of the stipulations
of ARRA is that cost-share requirements on local agencies and
organizations are prohibited?This bill will allow Cal-Fire and
the Director to waive the cost-sharing requirements currently
found in Public Resources Code 4799.4 and 4799.12. This will
allow Cal-Fire and other agencies to most effectively utilize
stimulus funds meant for forest management and fire prevention."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
American Recovery and Reinvestment Act of 2009 (ARRA): The ARRA
includes $250 million for state and private forestry activities
including hazardous fuels reduction, forest health, and
ecosystem improvement activities on state and private lands. The
ARRA requires that the federal funds not be subject to matching
or cost share requirements. CDF has submitted a list of
potential projects, totaling $176 million, in the areas of
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forest stewardship, forest health, fuels management and other
fire assistance, urban forestry, wood-to-energy, and volunteer
fire assistance. According to CDF, the existing CFIP, urban
forestry, and fuels management programs provide a template for
how the state can put federal stimulus funds to work through
grants to government agencies and nonprofits.
Restore requirement for CFIP funds to be deposited into the
Forest Resource Improvement Fund (fund) : In 2006, the
Legislature amended 4799.13(a) of the Public Resources Code in
order to restrict the use of moneys deposited in the fund to the
management of state forests. In order to funnel federal ARRA
monies to lands other than state forests, the Assembly Natural
Resources committee amended this bill to exempt ARRA monies from
being deposited into the fund. However, the latest amendments
delete this provision in its entirety. According to the author,
this deletion was unintentional. This language should be
restored [See amendment 1]
SUGGESTED AMENDMENTS
AMENDMENT 1
On page 8, line 13, after "chapter." insert:
Any funds received, except funds received pursuant to the
federal American Recovery and Reinvestment Act of 2009, shall be
deposited by the director in the Forest Resource Improvement
Fund established pursuant to Chapter 3 (commencing with Section
4799.13) of this part.
SUPPORT
None Received
OPPOSITION
None Received
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