California 2017 2017-2018 Regular Session

California Assembly Bill AB1391 Introduced / Bill

Filed 02/17/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1391Introduced by Assembly Member PattersonFebruary 17, 2017 An act to amend Section 4794 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTAB 1391, as introduced, Patterson. Forest resources: forestry assistance program: vegetation management.Existing law establishes the forestry assistance program, to be conducted by the Department of Forestry and Fire Protection, which is required to encourage forest resource improvements and otherwise facilitate good forest land management through a program of financial, technical, and educational assistance, as well as through applied research. Existing law authorizes the director of the department to enter into agreements or make loans for certain purposes, including the preparation of management plans for forest lands. Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a land with various types of flammable material, including forest-covered lands, to maintain defensible space of 100 feet, as provided. This bill would authorize the director to enter into an agreement with, or make a loan to, a person who is at or below 500% of the federal poverty level for purposes of complying with the above law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4794 of the Public Resources Code is amended to read:4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1391Introduced by Assembly Member PattersonFebruary 17, 2017 An act to amend Section 4794 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTAB 1391, as introduced, Patterson. Forest resources: forestry assistance program: vegetation management.Existing law establishes the forestry assistance program, to be conducted by the Department of Forestry and Fire Protection, which is required to encourage forest resource improvements and otherwise facilitate good forest land management through a program of financial, technical, and educational assistance, as well as through applied research. Existing law authorizes the director of the department to enter into agreements or make loans for certain purposes, including the preparation of management plans for forest lands. Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a land with various types of flammable material, including forest-covered lands, to maintain defensible space of 100 feet, as provided. This bill would authorize the director to enter into an agreement with, or make a loan to, a person who is at or below 500% of the federal poverty level for purposes of complying with the above law.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 1391

Introduced by Assembly Member PattersonFebruary 17, 2017

Introduced by Assembly Member Patterson
February 17, 2017

 An act to amend Section 4794 of the Public Resources Code, relating to forestry. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1391, as introduced, Patterson. Forest resources: forestry assistance program: vegetation management.

Existing law establishes the forestry assistance program, to be conducted by the Department of Forestry and Fire Protection, which is required to encourage forest resource improvements and otherwise facilitate good forest land management through a program of financial, technical, and educational assistance, as well as through applied research. Existing law authorizes the director of the department to enter into agreements or make loans for certain purposes, including the preparation of management plans for forest lands. Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a land with various types of flammable material, including forest-covered lands, to maintain defensible space of 100 feet, as provided. This bill would authorize the director to enter into an agreement with, or make a loan to, a person who is at or below 500% of the federal poverty level for purposes of complying with the above law.

Existing law establishes the forestry assistance program, to be conducted by the Department of Forestry and Fire Protection, which is required to encourage forest resource improvements and otherwise facilitate good forest land management through a program of financial, technical, and educational assistance, as well as through applied research. Existing law authorizes the director of the department to enter into agreements or make loans for certain purposes, including the preparation of management plans for forest lands. Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a land with various types of flammable material, including forest-covered lands, to maintain defensible space of 100 feet, as provided. 

This bill would authorize the director to enter into an agreement with, or make a loan to, a person who is at or below 500% of the federal poverty level for purposes of complying with the above law.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 4794 of the Public Resources Code is amended to read:4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 4794 of the Public Resources Code is amended to read:4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.

SECTION 1. Section 4794 of the Public Resources Code is amended to read:

### SECTION 1.

4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.

4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.

4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:(1) Preparation of management plans for forest land.(2) Site preparation.(3) Planting and costs of seeds and seedlings.(4) Young growth stand improvement.(5) Forest land conservation measures.(6) Fish and wildlife habitat improvement.(7) Followup work.(8) (A) Vegetation management as required pursuant to Section 4291.(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.



4794. (a) Agreements may be entered into and loans may be made by the director pursuant to this chapter for all of the following purposes:

(1) Preparation of management plans for forest land.

(2) Site preparation.

(3) Planting and costs of seeds and seedlings.

(4) Young growth stand improvement.

(5) Forest land conservation measures.

(6) Fish and wildlife habitat improvement.

(7) Followup work.

(8) (A) Vegetation management as required pursuant to Section 4291.

(B) The director may only enter into an agreement with, or make a loan to, a person who is at or below 500 percent of the federal poverty level, for purposes of this paragraph.

Consistent with this section, the director shall prepare, and submit to the board for its review and approval, guidelines further specifying the scope of forest resource improvement work for which agreements may be entered into or loans made pursuant to this chapter.

(b) Proposed forest resource improvement projects may combine work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a). Projects shall include work described in paragraphs (1) to (7), (8), inclusive, of subdivision (a) to be eligible for a cost-sharing agreement signed pursuant to Section 4795 or a loan made pursuant to Section 4796.

(c) Projects for forest resource improvement subsequent to harvesting subject to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2, shall not be eligible for agreements executed pursuant to Section 4795 or loans made pursuant to Section 4796 of this chapter unless either of the following occur:

(1) The land has been restocked and the established forest growth has subsequently been adversely affected by fire, wind, flood, insects, disease, or other natural causes.

(2) The work to be undertaken is not otherwise required to be carried out pursuant to the Zberg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2.