BILL ANALYSIS �
AB 2544
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2544 (Gordon)
As Amended June 27, 2012
Majority vote
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|ASSEMBLY: |51-22|(May 10, 2012) |SENATE: |36-0 |(August 13, |
| | | | | |2012) |
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Original Committee Reference: NAT. RES.
SUMMARY : Clarifies and expands the Department of Forestry and
Fire Protection's (CAL FIRE) authority regarding land
transactions for the purpose of qualifying for the Department of
General Services (DGS) review exemption.
The Senate amendments :
1)Require that all agreements, easements, licenses, or permits
entered into by CAL FIRE be for no more than fair market value
and that DGS sign all applicable certificates of acceptance.
2)Reduce the lease period for real property acquired for
forestry and fire protection purposes from 10 years to 5
years.
3)Delete the provision that authorizes CAL FIRE to grant permits
and easements 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;
and, d) to any oil and gas lessee of the state for pipeline
right-of-way purposes.
EXISTING LAW :
1)Establishes CAL FIRE, 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
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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 CAL FIRE, with the approval of DGS, to purchase
land for lookout sites and for other administrative purposes.
4)Authorizes CAL FIRE, 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.
Provisions may be made for indemnification and holding
harmless the owners of such facilities. Insurance may be
purchased by DGS, upon the request of CAL FIRE, 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.
AS PASSED BY THE ASSEMBLY , this bill authorized CAL FIRE to:
1)With the approval of DGS, 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)With the approval of DGS, lease real property acquired for
forestry and fire protection purposes. Rent must 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 may be entered into that extends
beyond the 10-year period unless approved by the Legislature
or the Public Works Board as specified.
3)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
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department's lands.
4)With the consent of DGS, lease any real or personal property
that CAL FIRE 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)Upon application by the proper authorities, grant permits and
easements 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;
and, d) to any oil and gas lessee of the state for pipeline
right-of-way purposes.
6)Enter into contracts with property owners to provide
communications and telecommunications needed in connection
with the prevention and extinguishment of forest fires.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : CAL FIRE, 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, CAL FIRE has
developed real estate staffing and expertise through the Capital
Outlay Program. When CAL FIRE engages in a real estate
transaction, staff, among other things, negotiates and drafts
agreements and prepares the necessary documents. Under existing
law, however, CAL FIRE must send a proposed real estate
transaction to DGS for review and approval. DGS often
duplicates many of the same efforts performed by CAL FIRE. The
author asserts that DGS' involvement has delayed multiple
projects and has cost CAL FIRE and the General Fund hundreds of
thousands of dollars. From 2008 to 2011, CAL FIRE paid
approximately $65,000 to $88,000 for DGS review. In some cases,
the DGS review process is more expensive than the value of a
transaction.
This bill, by specifying CAL FIRE's authority to enter into land
transactions, gives CAL FIRE the authority to receive exemptions
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from DGS for real estate acquisitions or conveyances involving
not more than $150,000. Additionally, this bill provides CAL
FIRE 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.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0004729