BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
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BILL NO: AB 2544 HEARING DATE: July 3, 2012
AUTHOR: Gordon URGENCY: No
VERSION: June 27, 2012 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Forestry and fire protection: land purchases and
property use.
BACKGROUND AND EXISTING LAW
The Department of Forestry and Fire Prevention (department) 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 (Public Resources Code (PRC) ��4001 et
seq.). In pursuit of these goals the department is authorized:
to purchase land for lookout sites and for other
administrative purposes with the approval of the Department
of General Services (DGS) (PRC �4031);
to enter into contracts with the owners of specified
facilities for the use of their facilities in order to
provide communications and necessary powerlines in
connection with the prevention and extinguishment of forest
fires, with the approval of DGS (PRC �4115); and
enter into cooperative agreements with the federal
government, for the purposes of maintaining a fire patrol
system for the prevention and suppression of forest fires,
as specified (PRC �4141).
DGS provides centralized services including planning,
acquisition, construction, and the maintenance of state
buildings and property, among other services (Government Code
(GOV) ��14600 et seq.) 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.
DGS must approve transactions by the state affecting real
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property interests with limited exception (GOV �11005.2),
although the director of DGS has some latitude, as specified, to
exempt transactions of less than $150,000 in value if the state
agency "delegated that authority has the necessary real estate
expertise and experience to complete the transaction competently
and professionally while protecting the best interests of the
state" (GOV �14667.1).
The department, 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 types of
facilities. Under existing law, the department, given its
limited specific authority, must send a proposed real estate
transaction to DGS for review and approval.
PROPOSED LAW
This bill would modify and expand upon the department's ability
to enter into agreements of various forms related to real
property. Specifically, this bill would:
allow the department - subject to DGS approval - to
o use easements, agreements, licenses or permits
to acquire real property rights for fire protection,
fire prevention, fire suppression and other purposes,
as specified. These agreements must be for no more
than fair market value. This replaces the
department's specific ability to purchase lands for
lookout towers and other administrative purposes.
o Lease real property acquired for forestry and
fire protection purposes for uses compatible with the
department's use. The lease terms would be for no
more than 5 years and for fair market value. Longer
lease terms would be subject to Legislative notice and
Legislative or Public Works Board approval, as
specified.
o Lease real or personal property necessary for
temporary use, including office purposes, when
existing departmental facilities are inadequate and
only when DGS has not already leased land for the
department.
Modify the department's existing ability - subject to
DGS approval - to enter into contracts with real property
owners to use their lands or facilities or install new
facilities, as specified and needed, in order to provide
communications, powerlines and now telecommunication in
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order to prevent or fight forest fires.
Allow the department to issue permits for temporary
access to and movement across property under the
department's jurisdiction for specified purposes and
subject to specified permit conditions. The department may
charge a reasonable fee for access to its lands.
Add special use permits to the department's existing
ability to enter into cooperative agreements with the
federal government for maintaining a fire patrol system for
the prevention and suppression of forest fires.
ARGUMENTS IN SUPPORT
The California Land Surveyors Association states that "current
law allows �the department] to purchase land for the limited
purpose of lookout sites and for other administrative purposes
with the approval of the Department of General Services. The
statutory authority is too narrow in its scope."
According to the author, "with substantial real property
interests, �the department] has developed internal real estate
expertise, but lacks authority under law to execute agreements.
�?] Unfortunately, there is significant duplication of effort
when agreements are negotiated and drafted, and when documents
are prepared. The duplication of effort both extends the time
for approval, as well as uses limited state financial resources.
�?] AB 2544 would take several steps to reduce redundancy,
increase efficiency, and lower costs related to �the department]
real property."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
The Department of Parks and Recreation (DPR) has similar
authorization in some instances. DPR has the authority to lease
lands at fair market value acquired for state park purposes so
long as the proposed use is compatible subject to DGS (if less
than 10 years) and, in some instances, legislative approval (PRC
�5003.17). DPR is also authorized to enter into agreements, as
specified, for ingress to and egress from state park lands to
facilitate public access (PRC �5003.5). DPR may also, subject
to DGS approval, grant permits and easements on state park
property for specified purposes (PRC �5012).
DGS approval is not always needed . The necessity to involve DGS
depends upon whether property rights are at issue. DGS approval
is not required because allowing ingress to, egress from and
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right-of-way across department lands does not, as specified,
constitute a transfer of property rights. The department can
proceed at its discretion.
Special use ? All uses of National Forest System lands,
improvements, and resources, with specified exceptions -
including road sharing; grazing and lifestock use; the sale and
disposal of minerals, timber and related products; and certain
noncommercial uses - are "special uses" and generally require an
appropriate permit. In an emergency, a special use permit can
be applied for after the fact. The department has a special use
permit from the US Forest Service for all of the department's
facilities, such as fire stations and conservation camps, on
their property
SUPPORT
California Land Surveyors Association
OPPOSITION
None Received
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