BILL NUMBER: AB 2360	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 19, 2010

   An act to amend Section 4799.13 of the Public Resources Code,
relating to forest resources  , and making an appropriation
therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2360, as amended, Chesbro. Forest resources: Forest Resources
Improvement Fund.
   (1) Existing law authorizes money in the Forest Resources
Improvement Fund (the fund) to be expended, upon appropriation by the
Legislature, for the cost of operations associated with the
management of state lands operated as demonstration state forests by
the Department of Forestry and Fire Protection.
   The bill would authorize money in the fund to be used to implement
approved management plans and to fund public education, restoration,
research, and monitoring activities related to a demonstration
forest.
   (2) Existing law requires the fund to be the depository for all
revenue derived from the repayment of certain loans made or interest
received, and the receipts from the sale of forest products to
support certain operations.
   This bill would also require all revenue originating from
activities within the state forest boundaries, including revenue from
leases, rent, fees, firewood, and permits to be deposited into the
fund.
   (3) Existing law requires all excess money in the fund to be
deposited in the General Fund.
   This bill would instead require all excess money in the fund to
accrue  in any year in which revenue deposited in the fund
exceeds expenditures   when fund balances exceed
appropriated expenditures  . This bill would require this money
to be used, as determined by the director and upon appropriation by
the Legislature, to fund specified programs if those programs do not
receive General Fund revenue at the same or a higher level than in
the previous budget year.  The bill would require the money
in the fund to accrue until it is equal to the sum of the previous 2
fiscal years' appropriations for the programs and activities
authorized to receive money from the fund and at the end of a fiscal
year in which the balance in the fund exceeds the maximum reserve
amount, the bill would require the money to be deposited into the
General Fund. 
   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 4799.13 of the  
Public Resources Code   is amended to read: 
   4799.13.  (a) There is hereby created in the State Treasury, the
Forest Resources Improvement Fund.  The   Except
as provided in subdivision (e), the  money in the Forest
Resources Improvement Fund may only be expended, upon appropriation
by the Legislature, for the cost of operations  and related
administrative costs,  associated with management of lands held
in trust by the state and operated as demonstration state forests by
the department pursuant to Section 4646,  including 
 to implement approved forest management plans of the
demonstration state forests, and to fund public education, 
restoration  , research, and monitoring  activities 
related to demonstration state forests  .
   (b) The Forest Resources Improvement Fund shall be the depository
for all revenue  originating from activities within state forest
boundaries, including revenue from leases, rent, fees, firewood, and
permits, as well as all revenue  derived from the repayment of
loans made or interest received pursuant to Chapter 1 (commencing
with Section 4790), and the receipts from the sale of forest
products, as defined in Section 4638, from the state forests to
support the  operations described in  
activities authorized by  subdivision (a).  Money in the
fund in excess of the amount needed to support those operations
shall be deposited in the General Fund. 
   (c) The director may accept grants and donations of equipment,
seedlings, labor, materials, or funds from any source  ,
including funds received as mitigation for adverse environmental
impacts caused by a party responsible for causing the illegal
ignition of wildfires,  for the purpose of supporting or
facilitating activities undertaken pursuant to this part. Any funds
received shall be deposited by the director in the Forest Resources
Improvement Fund.
   (d) Each proposed expenditure by the department of money from the
Forest Resources Improvement Fund shall be included as a separate
item and scheduled individually in the Budget Bill for each fiscal
year for consideration by the Legislature. These appropriations shall
be subject to all of the limitations contained in the Budget Bill
and to all other fiscal procedures prescribed by law with respect to
the expenditure of state funds. 
   (e) (1) If in a budget year, the General Fund does not provide
funding to the department for programs, as specified in paragraph
(2), at the same level or higher than the previous budget year, the
program funding shortfall may be made whole with money from the
Forest Resources Improvement Fund reserve, created in subdivision
(f), as determined by the director, and upon appropriation by the
Legislature through the annual Budget Act.  
   (2) The following programs are eligible for funding from the
Forest Resources Improvement Fund reserve:  
   (A) Pest management.  
   (B) State nurseries and seed banks.  
   (C) Forest improvement.  
   (D) Urban forestry.  
   (E) Vegetation management.  
   (F) Fire and resource assessment.  
   (G) Conservation projects, including, but not limited to, the
Forest Legacy Program, administered by the department.  
   (f) A reserve shall accrue in the Forest Resources Improvement
Fund when balances exceed appropriated expenditures. 
  SECTION 1.    Section 4799.13 of the Public
Resources Code is amended to read:
   4799.13.  (a) There is hereby created in the State Treasury, the
Forest Resources Improvement Fund. Except as provided in subdivision
(e), the money in the Forest Resources Improvement Fund may only be
expended, upon appropriation by the Legislature, for the cost of
operations and related administrative costs, associated with
management of lands held in trust by the state and operated as
demonstration state forests by the department pursuant to Section
4646, to implement approved forest management plans of the
demonstration state forests, and to fund public education,
restoration, research, and monitoring activities related to
demonstration state forests.
   (b) The Forest Resources Improvement Fund shall be the depository
for all revenue originating from activities within state forest
boundaries, including revenue from leases, rent, fees, firewood, and
permits, as well as all revenue derived from the repayment of loans
made or interest received pursuant to Chapter 1 (commencing with
Section 4790), and the receipts from the sale of forest products, as
defined in Section 4638, from the state forests to support the
activities authorized by subdivision (a).
   (c) The director may accept grants and donations of equipment,
seedlings, labor, materials, or funds from any source, including
funds received as mitigation for adverse environmental impacts caused
by a party responsible for causing the illegal ignition of wild
fires, for the purpose of supporting or facilitating activities
undertaken pursuant to this part. Any funds received shall be
deposited by the director in the Forest Resources Improvement Fund.
   (d) Each proposed expenditure by the department of money from the
Forest Resources Improvement Fund shall be included as a separate
item and scheduled individually in the Budget Bill for each fiscal
year for consideration by the Legislature. These appropriations shall
be subject to all of the limitations contained in the Budget Bill
and to all other fiscal procedures prescribed by law with respect to
the expenditure of state funds.
   (e) (1) If in a budget year, the General Fund does not provide
funding to the department for programs, as specified in paragraph
(2), at the same level or higher than the previous budget year, the
program funding shortfall may be made whole with money from the
Forest Resources Improvement Fund reserve, created in subdivision
(f), as determined by the director, and upon appropriation by the
Legislature through the annual Budget Act.
   (2) The following programs are eligible for funding from the
Forest Resources Improvement Fund reserve:
   (A) Pest management.
   (B) State nurseries and seed banks.
   (C) Forest investment.
   (D) Urban forestry.
   (E) Vegetation management.
   (F) Fire and resource assessment.
   (f) A reserve shall accrue in the Forest Resources Improvement
Fund in any year in which revenue deposited in the fund exceeds
expenditures appropriated to implement this section. The reserve
shall accrue until it is equal to the sum of the previous two fiscal
years' appropriations for the programs authorized to receive funds
from the Forest Resources Improvement Fund pursuant to this section.
At the end of the fiscal year in which the balance in the Forest
Resources Improvement Fund exceeds the maximum reserve amount imposed
by this subdivision, all excess money above that amount shall be
deposited in the General Fund.