BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2544|
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THIRD READING
Bill No: AB 2544
Author: Gordon (D)
Amended: 6/27/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 6-1, 7/3/12
AYES: Pavley, La Malfa, Evans, Kehoe, Simitian, Wolk
NOES: Fuller
NO VOTE RECORDED: Cannella, Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 51-22, 5/10/12 - See last page for vote
SUBJECT : Forestry and fire protection: land purchases
and property use
SOURCE : Author
DIGEST : This bill modifies and expands upon the
Department of Forestry and Fire Preventions (CalFire)
ability to enter into agreements of various forms related
to real property.
ANALYSIS :
Existing law :
1. Establishes CalFire, which is responsible for the fire
protection, fire prevention, maintenance, and
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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 the Department of General Services (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 notice of an exemption shall be given
to the Controller.
This bill:
1. Allows CalFire- subject to DGS approval - to:
A. 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
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replaces the department's specific ability to
purchase lands for lookout towers and other
administrative purposes.
B. Lease real property acquired for forestry and
fire protection purposes for uses compatible with
CalFire's use. The lease terms are for no more
than five years and for fair market value. Longer
lease terms are subject to Legislative notice and
Legislative or Public Works Board approval, as
specified.
C. Lease real or personal property necessary for
temporary use, including office purposes, when
existing CalFire's facilities are inadequate and
only when DGS has not already leased land for
CalFire.
2. Modifies CalFire'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
order to prevent or fight forest fires.
3. Allows CalFire to issue permits for temporary access to
and movement across property under CalFire's
jurisdiction for specified purposes and subject to
specified permit conditions. CalFire may charge a
reasonable fee for access to its lands.
4. Adds special use permits to CalFire'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.
Background
CalFire 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. In
pursuit of these goals CalFire is authorized:
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1. To purchase land for lookout sites and for other
administrative purposes with the approval of DGS.
2. 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; and
3. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/12)
California Land Surveyors Association
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."
ASSEMBLY FLOOR : 51-22, 5/10/12
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Block, Blumenfield, Bonilla, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fong,
Fuentes, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Bill Berryhill, Conway, Donnelly, Beth Gaines,
Garrick, Grove, Hagman, Halderman, Harkey, Jones, Knight,
Logue, Mansoor, Miller, Morrell, Nestande, Nielsen,
Norby, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Cook, Fletcher, Furutani, Gorell,
Jeffries, Olsen, V. Manuel P�rez
CTW:d 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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