California Assembly Bill AB1300 Amended / Bill

 BILL NUMBER: AB 1300AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2009 AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Fletcher FEBRUARY 27, 2009 An act to add and repeal Chapter 3.1 (commencing with Section 4310) of Part 2 of Division 4 of the Public Resources Code, relating to fire protection. LEGISLATIVE COUNSEL'S DIGEST AB 1300, as amended, Fletcher. Fire protection: vegetation management: pilot program. Existing law creates the Department of Forestry and Fire Protection within the Natural Resources Agency, and the department is responsible for 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. This bill would require the department to establish and implement a vegetation management pilot program  until January 1, 2013  . The bill would require the department to choose up to 10 applicant communities based upon specified criteria and provide to those communities incentives for fire prevention vegetation management projects by paying  up to  $20 per ton  , as specified,  for bone dry vegetation removed from the pilot program communities during fire prevention projects. The bill would require the department to seek funding from specified sources, as available for fire prevention projects, and would limit the department's administrative costs for selecting projects and preparing a report that would be submitted to the Legislature to no more than 15% of the  value of the projects   grant amount for each project  selected. 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. Chapter 3.1 (commencing with Section 4310) is added to Part 2 of Division 4 of the Public Resources Code, to read: CHAPTER 3.1. VEGETATION MANAGEMENT PILOT PROGRAM 4310. The goals of the vegetation management pilot program established pursuant to this chapter are as follows: (a) To provide incentives for fire prevention in and around communities by making the material removed during vegetation management projects for fire prevention worth more to biomass facilities, thereby offsetting more of the cost of doing the work. (b) To determine if a small incentive payment on the final disposition of the vegetation materials would statistically increase the amount of fire prevention vegetation management work done. 4311. (a) Notwithstanding any other law, the department shall establish a vegetation management pilot program to provide incentives for fire prevention vegetation management projects in selected communities by paying  up to  twenty dollars ($20) per ton for bone dry vegetation removed from the pilot program communities during fire prevention projects and accepted by a biomass energy facility.  The fee shall be paid pursuant to the following considerations:   (1) Fifteen dollars ($15) per bone dry ton for communities that are located up to 20 miles away from a biomass energy facility.   (2) Eighteen dollars ($18) per bone dry ton for communities that are located 20 to 30, inclusive, miles away from a biomass energy facility.   (3) Twenty dollars ($20) per bone dry ton for communities that are located more than 30 miles away from a biomass energy facility.  (b) The department shall take any action necessary, in its best discretion, to implement the pilot program. (c) The community taking part in the pilot program shall work with a biomass energy facility to dispose of the vegetation materials collected, including transportation of the materials. (d) The department, in its best judgment when reviewing the applications and based upon the funding available for the term necessary to complete the projects in each community selected, shall choose up to 10 applying communities for inclusion in the pilot program. All of the following criteria shall be used in the selection process:  (1) The community, or region where the program is taking place, is within a ____-mile radius of a biomass energy facility.   (2)   (1)  The community is a Firewise community, has a community wildfire protection plan approved by a public fire agency, or can otherwise show a concerted and dedicated effort towards wildfire prevention.  (3)   (2)  The community has a written plan in place to reach full compliance with existing defensible space requirements.  (4)   (3)  The community has made significant strides towards reaching compliance with existing defensible space requirements and has "buy-in" from the local firefighting agency.  (5)   (4)  The community has significant wildland urban interface areas.  (6)   (5)  The vegetation in the community poses a high hazard, including, but not limited to, chaparral or forested areas.  (7) The types of vegetation surrounding the community are appropriate for use as fuel in the biomass energy facility within ____ miles of the program area.   (8)   (6)  The community has a local Fire Safe Council or other entity in place that is willing and able to organize the actual project work and manage the funding  the   that  comes through the pilot program.  (9)   (7)  The department may also use other criteria it deems appropriate to choose between two otherwise similarly eligible communities after considering all of the requirements set forth in paragraphs (1) to  (8)   (6) , inclusive.  (10)   (8)  The department shall consider choosing communities for the pilot program that are geographically widespread throughout the state, but only after considering all of the requirements set forth in paragraphs (1) to  (9)   (7)  , inclusive.  4312. (a) The department shall seek funding for the pilot program from the following sources, to the extent the funds are available for fire prevention efforts: (1) Fire Safe Council grants dedicated to fire prevention efforts. (2) Sierra Nevada Conservancy grants dedicated to fire prevention efforts. (3) California Tahoe Conservancy grants dedicated to fire prevention efforts. (4) Other state, federal, or private funds dedicated to fire prevention efforts.   4312.   (a)     The department shall seek funding for the pilot program from new state, federal, or private funds dedicated to fire prevention efforts, to the extent the funds are available for those efforts.  (b) The pilot program projects shall not be funded through the General Fund. 4313. The department shall report to the Legislature, no later than six months after the completion of the final project of the program, regarding the effectiveness of the program and whether its goals were met. 4314.  (a)    The department's administrative costs for selecting projects and preparing the report required under Section 4313 shall not exceed more than 15 percent of the  value of the projects   grant amount for each project  selected. The department may choose to waive its administrative costs in order to fund more fire prevention projects.  (b) For the purposes of this section, "value of the projects selected" means ____.  4315. This chapter shall remain in effect only until  ____   January 1, 2013 , and as of that date is repealed, unless a later enacted statute, that is enacted before  ____   January 1, 2013  , deletes or extends that date.