California Assembly Bill AB2544 Amended / Bill

 BILL NUMBER: AB 2544AMENDED BILL TEXT AMENDED IN SENATE JUNE 27, 2012 INTRODUCED BY Assembly Member Gordon FEBRUARY 24, 2012 An act to amend Sections 4031  and   ,  4115  , and 4141  of, and to add Sections 4032, 4033,  and  4034  , and 4035  to, the Public Resources Code, relating to forestry and fire protection. LEGISLATIVE COUNSEL'S DIGEST AB 2544, as amended, Gordon. Forestry and fire protection: land purchases and property use. Existing law authorizes the Department of Forestry and Fire Protection (department), with the approval of the Department of General Services, to purchase land for lookout sites and for other administrative purposes. This bill would  delete that authority for the purchase of land for lookout sites or other administrative purposes and would instead  authorize the department,  with the approval of the Department of General Services, to purchase land and   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.  The bill would require these agreements, easements, licenses, or permits subject to be for no more than fair market value and would require the Department of General Services to sign all applicable certificates of acceptance.  This bill would authorize the department to lease, for any use, all or any portion of any parcel of real property acquired for forestry and fire protection purposes if the Director of Forestry and Fire Protection finds that the use would be compatible with the  department's  use  of the real property for those purposes  . The bill would authorize the department to provide  permits for  temporary means of ingress to,  and  egress from,  and movement across  all property under the jurisdiction of the department in order to provide ready access for the purposes of harvesting timber, conducting studies, and passing and placing equipment upon the department's lands, as prescribed. This bill would further authorize the department, with the consent of the Department of General Services, to lease any real or personal property that the department deems necessary for temporary use for 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. The bill would authorize the department, upon application by the proper authorities, to grant permits and easements for specified purposes and upon those terms as the department may prescribe  . Existing law authorizes the department, in providing communications and necessary powerlines in connection with the prevention and extinguishment of forest fires, with the approval of the Department of General Services, to enter into contracts with the owners of similar facilities for the use of their facilities. This bill would additionally authorize the department, in providing telecommunications in connection with the prevention and extinguishment of forest fires, with the approval of the Department of General Services, to enter into contracts with the owners of  similar facilities for use of their facilities   real property in specified locations for the use of their lands or facilities or to install certain telecommunications facilities  .  Exiting law authorizes the department to enter into cooperative agreements with the federal government, for the purpose of maintaining a fire patrol system for the prevention and suppression of forest fires, as specified.   This bill would additionally authorize the department to enter into special use permits with the federal government for these purposes and would include staffing and facilities for the prevention and suppression of forest fires in the definition of a fire patrol system for purposes of these provisions.  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. Section 4031 of the Public Resources Code is amended to read: 4031.  (a)    The department may, with the approval of the Department of General Services,  purchase land and  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  in accordance with subdivisions (b) and (c)  .  (b) All agreements, easements, licenses, or permits entered into pursuant to subdivision (a) shall be for no more than fair market value.   (c) The Department of General Services shall sign all applicable certificates of acceptance entered into pursuant to subdivision (a) in accordance with Section 27281 of the Government Code.   (d) This section does not allow the department to purchase land for lookout sites or other administrative purposes.  SEC. 2. Section 4032 is added to the Public Resources Code, to read: 4032. (a) The department may lease, for any use, all or any portion of any parcel of real property acquired for forestry and fire protection purposes if the director finds that the use would be compatible with the  use of the real property for those purposes   department's use  . (b) Rent shall be based on the fair market value of the property when used for the purpose for which it is leased. (c) The lease term shall not exceed  10   5  years. All leases  entered into pursuant to this section  shall be subject to the approval of the Department of General Services. (d) No lease shall be entered into that extends beyond the  10-year   5   -year  period unless the Legislature has reviewed and approved the proposed lease as part of the annual budget process, or the Public Works Board has determined that the proposed lease could not have been presented to the Legislature for review and approval in the course of its consideration of the Budget Bill and that it would be adverse to the interests of the public to defer that review and approval to a time when the Legislature next considers a Budget Bill. Upon making that determination, the board may review and approve the proposed lease after giving at least 20 days' written notice to the Chairperson of the Joint Legislative Budget Committee and to the chairperson of the fiscal and appropriate policy committees of its intended action. All actions taken by the board pursuant to this subdivision shall be reported to the Legislature in the next Governor's Budget. SEC. 3. Section 4033 is added to the Public Resources Code, to read: 4033. (a) The department may provide  permits for  temporary means of ingress to,  and  egress from,  and movement across  all property under the jurisdiction of the department in order to provide ready access for the purposes of harvesting timber, conducting studies, and passing and placing equipment upon the department's lands. (b) The department may grant a permit for  a  right-of-way across the department's lands over that route and subject to those conditions and construction and maintenance specifications as the department may determine that will cause minimum alteration to the physical features of the department's lands and minimum interference with the use of the forests by the public. (c) The permittee shall, at his or her own expense, construct and maintain the means of ingress and egress, in accordance with the terms and conditions set forth in the permit, noncompliance with which in any part shall be due cause for revocation of that permit. (d) The department may require a permittee or permittees to allow the use of those temporary means of ingress and egress by any other applicant whose lands are similarly situated. (e) The department may, at its discretion, charge a reasonable fee for access to its lands. (f) (1) A permit granted for passage pursuant to this section is temporary and does not imply consent to a permanent easement  , and the permit shall include language stating this . (2) The permits are  and shall be  revocable at any time. SEC. 4. Section 4034 is added to the Public Resources Code, to read: 4034. The department, with the consent of the Department of General Services, may lease any real or personal property that the department 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  . This section does not apply when the Department of General Services leases land for the use of the department under Section 14669 of the Government Code.  SEC. 5.   Section 4035 is added to the Public Resources Code, to read: 4035. The department may, upon application by the proper authorities, grant permits and easements for the following purposes and upon those terms as the department may prescribe: (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 or oil or gas pipelines. (d) To any oil and gas lessee of the state for pipeline right-of-way purposes.   SEC. 6.   SEC. 5.  Section 4115 of the Public Resources Code is amended to read: 4115. In providing communications, telecommunications, and necessary powerlines in connection with the prevention and extinguishment of forest fires, the department, with the approval of the Department of General Services, may enter into contracts with the owners of  similar facilities for use of their facilities, such as communications facilities, telecommunications facilities, and pole lines   real property for the use of their lands or facilities in locations where no other state tenant exists or to install portable or single use remote telecommunications facilities  . Provision may be made for indemnification and holding harmless of the owners of those facilities which are so used by reason of  such   that  use. Insurance may be purchased by the Department of General Services, upon request of the department, to protect the state against loss or expense arising out of a contract entered into pursuant to this section.  SEC. 6.   Section 4141 of the   Public Resources Code   is amended to read:  4141.  (a)    The department may, for the prevention and suppression of forest fires, enter into cooperative agreements with any person, firm, association, or corporation that owns or controls any forest, brush, grass, or grain lands, under such terms as the department deems advisable, and may renew, revise, or terminate these agreements.  (b)    The department also may, for the purpose of maintaining a fire patrol system  , including staffing and facilities  for the prevention and suppression of forest fires in any timber, brush, grass, or other flammable vegetation or material, enter into cooperative agreements  and special use permits  with the federal government, under  such   those  terms as it deems advisable, and may renew, revise, or terminate these agreements.  (c)    The expenses incurred under  these   the  agreements  or permits entered into pursuant to this section  shall be paid from appropriations or funds available for forest fire protection.