California 2023-2024 Regular Session

California Assembly Bill AB3113

Caption

Forestry and fire prevention: contracts for use of communications, telecommunications, and powerlines.

Impact

If enacted, AB 3113 will solidify the legal framework under which the Department can operate regarding telecommunications and powerlines essential for fire prevention activities. This aligns with state policies focused on enhancing the effectiveness of response mechanisms for forest fire management. Additionally, it allows for indemnification provisions and the possibility for the purchase of insurance by the Department of General Services, which could further protect the state against the financial repercussions of these contracts. This protection may lead to increased willingness among property owners to allow their lands to be used for such purposes.

Summary

Assembly Bill No. 3113, introduced by Assembly Member Papan, aims to amend Section 4115 of the Public Resources Code concerning the use of communications, telecommunications, and powerlines for forestry and fire prevention. The bill is positioned within the context of enhancing the existing frameworks that allow the Department of Forestry and Fire Protection to enter into contracts with owners of real property for the installation and utilization of necessary facilities that aid in preventing and extinguishing forest fires. The proposed amendment includes nonsubstantive changes intended to clarify the existing language without altering its intent or substantive policies.

Contention

The bill has raised discussions primarily focused on the use of public lands for private utility purposes amidst concerns over environmental impact and local governance authority. While the amendment aims to streamline processes crucial for fire prevention, critics argue it could lead to a loss of local control and oversight concerning the property usage. Some stakeholders may express concern that the bill does not adequately address environmental regulations or the potential implications for landowners who may be affected by indemnification clauses without sufficient recourse.

Companion Bills

No companion bills found.

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