BILL ANALYSIS �
AB 2544
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2544 (Gordon) - As Introduced: February 24, 2012
SUBJECT : Forestry and fire protection: land purchases and
property use
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.
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
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
AB 2544
Page 2
notice of an exemption shall be given to the Controller.
THIS BILL :
1)Authorizes CalFire, with the approval of DGS, 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.
2)Authorizes CalFire, with the approval of DGS, to lease real
property acquired for forestry and fire protection purposes.
Rent shall 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 shall be entered into
that extends beyond the 10-year period unless approved by the
Legislature or the Public Works Board as specified.
3)Authorizes CalFire to 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
department's lands.
4)Authorizes CalFire, with the consent of DGS, to 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)Authorizes CalFire, upon application by the proper
authorities, to grant permits and easements (a) to a public
agency for public roads, (b) to a public agency for utility
lines, and (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)Authorizes CalFire to enter into contracts with owners of
communication and telecommunication facilities to provide
communications and telecommunications needed in connection
AB 2544
Page 3
with the prevention and extinguishment of forest fires.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background and Purpose of the bill. 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 transition, 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.
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.
REGISTERED SUPPORT / OPPOSITION :
Support
California Land Surveyors Association
Opposition
AB 2544
Page 4
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092