BILL NUMBER: AB 2544 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2012
INTRODUCED BY Assembly Member Gordon
FEBRUARY 24, 2012
An act to amend Sections 4031 and ,
4115 , and 4141 of, and to add Sections 4032, 4033,
and 4034 , and 4035 to, the Public Resources
Code, relating to forestry and fire protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 2544, as amended, 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, with the approval of
the Department of General Services, to purchase land and
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 subject 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 of the real property for those
purposes . The bill would authorize the department to
provide permits for temporary means of ingress to,
and 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
or when the extension, improvement, or development of fire
stations and forestry lands is needed. The bill would authorize the
department, upon application by the proper authorities, to grant
permits and easements for specified purposes and upon those terms as
the department may prescribe .
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
similar facilities for use of their facilities
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.
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 4031 of the Public Resources Code is amended to
read:
4031. (a) The department may, with the
approval of the Department of General Services, purchase
land and 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 use of the real property for those
purposes 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 10 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
10-year 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, and 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
or when the extension, improvement, or development of fire
stations and forestry lands is needed . 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 4035 is added to the Public
Resources Code, to read:
4035. The department may, upon application by the proper
authorities, grant permits and easements for the following purposes
and upon those terms as the department may prescribe:
(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 or oil or gas pipelines.
(d) To any oil and gas lessee of the state for pipeline
right-of-way purposes.
SEC. 6. 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 similar facilities for use of their facilities,
such as communications facilities, telecommunications facilities, and
pole lines 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 such 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 such
those terms as it deems advisable, and may
renew, revise, or terminate these agreements.
(c) The expenses incurred under
these the agreements or permits entered
into pursuant to this section shall be paid from appropriations
or funds available for forest fire protection.