BILL NUMBER: AB 135 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 24, 2009
AMENDED IN SENATE JULY 13, 2009
AMENDED IN ASSEMBLY MAY 29, 2009
AMENDED IN ASSEMBLY MAY 4, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
INTRODUCED BY Assembly Member Jeffries
JANUARY 20, 2009
An act to amend Sections 4464, 4475, 4475.5, 4799.04, and
4799.12 of the Public Resources Code, relating to public resources,
and declaring the urgency thereof, to take effect immediately.
An act to add Section 5080.42 to the Public Resources
Code, relating to state parks, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 135, as amended, Jeffries. Public resources: forest
protection: urban forestry: cost sharing. State parks:
California Citrus State Historic Park: operating agreement.
Existing law authorizes the Department of Parks and
Recreation to enter into an agreement with an agency of the United
States, a city, county, district, or public agency, or any
combination thereof, for the care, maintenance, administration, and
control of lands of the state park system.
This bill would require the department to enter into an
operating agreement with the City of Riverside for the development,
improvement, restoration, care, maintenance, administration, and
control of California Citrus State Historic Park. The bill would
require that the agreement contain certain provisions. The bill would
also provide that, notwithstanding the existence of the operating
agreement, the park shall be eligible for any grants or
funding for which the park was eligible prior to the
agreement.
This bill would declare that it is to take effect immediately as
an urgency statute.
(1) Existing law, the Wildland Fire Protection Management Act of
1978, authorizes the Director of Forestry and Fire Protection to
enter into contracts, with the approval of the Director of General
Services, for prescribed burning or other hazardous fuel reduction
with the owner or any person who has legal control of any property or
any public agency with regulatory or natural resource management
authority over certain lands. The act authorizes the state to assume
a proportionate share of the costs of site preparation and prescribed
burning or other hazardousfuel reduction.
This bill would change the term "contract" to "agreement" and
would delete the requirement of approval by the Director of General
Services. The bill would also authorize the director to accept grants
and donations of equipment, materials, or funds from any source for
the purpose of supporting or facilitating the prescribed burning or
other hazardous fuels reduction work. The director would be
authorized to waive the cost sharing requirements of the act where
the funding source prohibits cost sharing requirements.
(2) Existing law authorizes the Department of Forestry and Fire
Protection to enter into agreements and make loans to encourage
private and public investment in, and improved management of, forest
lands and resources within the state to ensure adequate future
high-quality timber supplies, related employment and other economic
benefits, and the protection, maintenance, and enhancement of a
productive and stable forest resource system for the benefit of
present and future generations. The Director of Forestry and Fire
Protection is authorized to enter into agreements for forest resource
improvement work with eligible landowners that require cost sharing
on the part of the landowner and is required to deposit into the
Forest Resource Improvement Fund funds from any source for forest
resource improvement purposes.
This bill would allow the department to waive the cost sharing
requirement when the funding source for the authorized forest
resource improvement work prohibits cost sharing requirements. The
bill would exempt funds received pursuant to the federal American
Recovery and Reinvestment Act of 2009 from a requirement that those
funds be deposited into the Forest Resources Improvement Fund.
(3) Existing law, the California Urban Forestry Act of 1978,
authorizes the Department of Forestry and Fire Protection to
implement a program in urban forestry to, among other things,
encourage better management and planting of trees in urban areas and
assist cities in innovative solutions to problems, including
greenhouse gas emissions, urban heat island effect, stormwater
management, lack of green space, and vandalism. The director, with
advice from other appropriate state agencies and interested parties,
is authorized to make grants to provide assistance of 25 to 90% of
costs for projects meeting guidelines established by the State Board
of Forestry and Fire Protection, upon recommendation by the director.
This bill would allow the director to waive the cost sharing
requirement when the funding source for a grant prohibits cost
sharing requirements.
(4) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) California Citrus State Historic Park located in the City of
Riverside opened to the public in 1993 and its visitor's center
opened to the public in 2003.
(b) The City of Riverside worked in conjunction with the
Department of Parks and Recreation, with the city as lead, in
administering the design and construction of Phase I and Phase II of
the visitor's center.
(c) With the pending state budget reduction for the 2009--10
fiscal year, the Department of Parks and Recreation will be
shuttering parks across the state and California Citrus State
Historic Park is anticipated to be on the closure list.
(d) The City of Riverside is prepared to prevent even a short-term
closure of California Citrus State Historic Park by assuming full
responsibility for the maintenance and operation of this significant
regional asset.
(e) The City of Riverside is willing to memorialize its long-term
commitment to operating and investing in the long-term enhancement of
California Citrus State Historic Park by entering into a 40-year
operating agreement to assume all responsibilities for the park.
(f) The City of Riverside will ensure consistency with the state's
mission statement for the ongoing operation of California Citrus
State Historic Park. The city is uniquely suited to enhance the
visitor experience at California Citrus State Historic Park by
expanding highly successful programming to that location to include
summer concerts, special events, walking groups, and expansion of
education programs in conjunction with the city's museum department.
(g) The city is confident that California Citrus State Historic
Park will become an even more significant regional attraction under
the city's stewardship. The city's commitment to assist the State of
California in achieving the full potential for California Citrus
State Historic Park will complement the state's overall success in
providing park experiences of nationwide renown.
SEC. 2. Section 5080.42 is added to the
Public Resources Code , to read:
5080.42. (a) Notwithstanding any provision of this article, the
department shall enter into an operating agreement with the City of
Riverside for the development, improvement, restoration, care,
maintenance, administration, and control of California Citrus State
Historic Park. The agreement shall include, but is not limited to,
the following:
(1) Execution of a lease of the park to the city for one dollar
($1) per year for a term of not less than 40 years with renewal
options in 20-year increments. The terms of renewal shall take into
consideration the state's ability to assume operations and
maintenance at the levels achieved under the city's stewardship at
the time of the lease termination.
(2) Imposition of full and complete responsibility on the city for
all costs of maintenance of the park, including existing and future
facilities, fixtures, grounds, and amenities, throughout the lease
term and periods of extension.
(3) A grant of full and complete control to the city over all
programming at the park, for example, recreational activities,
educational programs, facility rentals, and special events, provided
the programming is consistent with the California Citrus State
Historic Park Master Plan and provisions in the city's general plan.
(4) A requirement that any capital improvements or changes to the
physical space of the park that are not consistent with the
California Citrus State Historic Park Master Plan be approved by the
department.
(5) A requirement for appropriate reciprocal indemnifications.
(6) A requirement that the park continue to be designated and
promoted as a unit within the state park system.
(7) A requirement that the city will not impose a charge for
general admission to the park.
(b) Notwithstanding the existence of the operating agreement, the
park shall be eligible for any grants or funding for which the park
was eligible prior to the agreement.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to prevent the closing of a historic state park and to
avoid the devastating effects this closure would have on the local
economy, it is necessary that this act take effect immediately.
SECTION 1. Section 4464 of the Public Resources
Code is amended to read:
4464. Unless the context clearly requires otherwise, the
following definitions govern the construction of this chapter:
(a) "Hazardous fuel reduction" means the application of practices
to wild lands, the primary impact of which to the vegetation is
generally limited to the reduction of surface and ladder wild land
fuels. These practices include, but are not limited to, prescribed
fire, piling by machine or by hand in preparation for burning,
thinning, pruning, or grazing. Treatments that reduce crown densities
shall be prescribed only for the purpose of impacting fire behavior,
and where it can be reasonably concluded, based on the proposed
treatment, that the likelihood for the formation of crown fires is
reduced.
(b) "Nonprofit organization" means any California corporation
organized under Section 501(c)(3) or 501(c)(4) of the federal
Internal Revenue Code.
(c) "Person" means any natural person, firm, association,
partnership, business trust, corporation, limited liability company,
company, nonprofit organization, or a combination of those, or any
public agency other than an agency of the federal government.
(d) "Prescribed burn crew" means personnel and firefighting
equipment of the department that are prepared to contain fire set in
a prescribed burning operation and to suppress any fire that escapes
during a prescribed burning operation.
(e) "Prescribed burning" or "prescribed burning operation" means
the planned application and confinement of fire to wild land fuels on
lands selected in advance of that application to achieve any of the
following objectives:
(1) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(2) Watershed management.
(3) Range improvement.
(4) Vegetation management.
(5) Forest improvement.
(6) Wildlife habitat improvement.
(7) Air quality maintenance.
(f) "Wild land" means any land that is classified as a state
responsibility area pursuant to Article 3 (commencing with Section
4125) of Chapter 1 and includes any land having a flammable plant
cover. "Wild land" also means any land not classified as a state
responsibility area where the geographic location of these lands and
accumulation of wild land fuel is such that a wild land fire
occurring on these lands would pose a threat to a state
responsibility area.
(g) "Wild land fire" means any uncontrolled fire burning on wild
land.
(h) "Wild land fuel" means any timber, brush, grass, or other
flammable vegetation, living or dead, standing or down.
SEC. 2. Section 4475 of the Public Resources
Code is amended to read:
4475. The director may enter into an agreement, including a grant
agreement, for prescribed burning or other hazardous fuel reduction
that is consistent with this chapter and the regulations of the board
with (1) the owner or any other person who has legal control of any
property or (2) any public agency with regulatory or natural resource
management authority over any property that is included within any
wild land for any of the following purposes, or any combination of
those purposes:
(a) Prevention of high-intensity wild land fires through reduction
of the volume and continuity of wild land fuels.
(b) Watershed management.
(c) Range improvement.
(d) Vegetation management.
(e) Forest improvement.
(f) Wildlife habitat improvement.
(g) Air quality maintenance.
No agreement may be entered into pursuant to this section unless
the director determines that the public benefits estimated to be
derived from the prescribed burning or other hazardous fuel reduction
pursuant to the agreement will be equal to or greater than the
foreseeable damage that could result from the prescribed burning or
other hazardous fuel reduction.
SEC. 3. Section 4475.5 of the Public Resources
Code is amended to read:
4475.5. (a) The state may assume a proportionate share of the
costs of site preparation and prescribed burning or other hazardous
fuel reduction conducted pursuant to this article on wild lands other
than wild lands under the jurisdiction of the federal government.
The state's share of those costs shall bear the same ratio to the
total costs of the operation as the public benefits bear to all
public and private benefits to be derived from the prescribed burning
operation or other hazardous fuel reduction, as estimated and
determined by the director. The state's share of the costs may exceed
90 percent of the total costs of the operation only if the director
determines that no direct private economic benefits will accrue or
will be utilized by a person that owns or controls any property under
contract pursuant to Section 4475.
(b) The board shall adopt regulations establishing standards to be
used by the director in determining the state's share of these costs
and in determining whether, pursuant to Section 4475, the public
benefits of a prescribed burning operation or other hazardous fuel
reduction will equal or exceed the foreseeable damage therefrom.
(c) The determination of public and private benefits pursuant to
this section shall reflect any substantial benefit to be derived from
accomplishing any of the purposes specified in Section 4475 and the
prevention of degradation of air quality.
(d) All or part of these costs to be borne by the person
contracting with the department may be met by the value of materials,
services, or equipment furnished by that person directly, or
furnished by that person pursuant to an agreement with a private
consultant or contractor, or furnished by a combination of both
means, that are determined by the department to be suitable for the
preparation for, and the conduct of, the prescribed burning operation
or other hazardous fuel reduction.
(e) The director may accept grants and donations of equipment,
materials, or funds from any source for the purpose of supporting or
facilitating the prescribed burning or other hazardous fuels
reduction work undertaken pursuant to this chapter. The director may
waive the cost sharing requirements of this chapter when the funding
source prohibits cost sharing requirements.
SEC. 4. Section 4799.04 of the Public Resources
Code is amended to read:
4799.04. To effectuate the purposes of this chapter, the
department is authorized to:
(a) Collect or contract for adequate supplies of high-quality seed
and take whatever steps are necessary to ensure to the maximum
degree feasible that seeds or seedlings planted as part of forest
resource improvement projects undertaken pursuant to this chapter are
adapted to the planting site and measures are taken to assure
appropriate diversity of forest species.
(b) Contract for seedling production and, in cooperation with
other state, local, and federal agencies, encourage the production of
seedlings needed to accomplish reforestation in the state by small
business entities in or near areas where planting will be carried
out.
(c) Provide technical assistance to private seedling nurseries and
conduct a program for certification of the quality and adaptability
of seeds and tree seedlings supplied for forest resource improvement
projects undertaken pursuant to this chapter.
(d) Increase availability of genetically improved seed and
planting stock by expansion of seed orchards or other recognized tree
improvement techniques.
(e) In cooperation with other public and private entities or
persons:
(1) Conduct necessary research and take other appropriate measures
to protect the genetic integrity and diversity of forest tree
species, including, but not limited to, a seed depository.
(2) Conduct research and make grants or enter into contracts or
cooperative agreements with public and private entities or persons
concerning measures to increase the contribution of trees to improve
the natural environment and economy of the state and measures to
otherwise accomplish the purposes of this chapter.
(f) Purchase necessary equipment or materials and, in accordance
with the State Civil Service Act (commencing with Section 18570 of
the Government Code), appoint such deputies, officers, and other
employees as may be necessary.
(g) In cooperation with other public and private entities and
persons, establish such training and educational programs as may be
appropriate to increase the number of workers with necessary skills
to carry out seed collection, seedling production, and forest
resource improvement projects.
(h) To accept grants and donations of equipment, seedlings,
materials, or funds from any source for the purpose of supporting or
facilitating forest resource improvement work undertaken pursuant to
the provisions of this chapter. Any funds received, except funds
received pursuant to the federal American Recovery and Reinvestment
Act of 2009 (Public Law 111-5), shall be deposited by the director in
the Forest Resource Improvement Fund established pursuant to Chapter
3 (commencing with Section 4799.13) of this part.
(i) Waive the landowner cost sharing requirements of this chapter
when the funding source for the authorized forest resource
improvement work prohibits cost sharing requirements.
SEC. 5. Section 4799.12 of the Public Resources
Code is amended to read:
4799.12. The director, with advice from other appropriate state
agencies and interested parties, may make grants to provide
assistance of 25 to 90 percent of costs for projects meeting
guidelines established by the board upon recommendation by the
director. The director may waive the cost sharing requirement for
projects that are in disadvantaged and severely disadvantaged
communities. The director may also waive the cost sharing requirement
when the funding source for a grant prohibits cost sharing
requirements. Grants may be made to cities, counties, districts, and
nonprofit organizations. Contributions required as a condition of
grants made pursuant to this section may be made in the form of
material, services, or equipment, or funds. Authorized assistance may
include, but is not limited to, any of the following needs:
(a) Funding for development of urban tree plans that include
coordination of local agency efforts and citizen involvement.
(b) Funding for development of urban tree plans that include
coordination of multiple jurisdictions, multiple agency efforts, and
citizen involvement.
(c) Funding for development of urban forest master plans or
similar plans designed to provide comprehensive protection,
maintenance, and management of the urban forest.
(d) Provision of seedling and tree stock.
(e) Tree planting projects.
(f) Funding and other assistance to local agencies and nonprofit
organizations for partnerships as follows:
(1) Energy saving urban forest programs similar to the Los Angeles
Department of Water and Power's Trees for Green LA program and the
Sacramento Municipal Utility District's Sacramento Shade Tree
program.
(2) Developing projects or programs that use urban forests for
water conservation, improving water quality, or stormwater capture.
(3) Developing projects or programs that use urban forests for air
quality improvement, reduction in greenhouse gas emissions, or
reduction of urban heat island effect.
(4) Developing community education and engagement programs on the
benefits and proper care of trees.
(g) Funding for the development of training and educational
materials on the benefits of the urban forest.
(h) Funding for the development of training and educational
materials on proper care and maintenance of trees and the urban
forest, including young and mature tree care.
(i) Funding and other assistance, based on criteria developed by
the department, for management of urban forests to ensure their
survival and ability to optimize the benefits that urban forests
provide the community and the environment.
(j) Funding and other assistance for demonstration projects in
urban forestry with special attention given to projects or programs
assisting the state in meeting the requirements of the Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), improving energy and water
conservation, capturing and filtering urban stormwater, improving
water quality, reducing the urban heat island effect, improving air
quality, and wood and fiber utilization projects, including, but not
limited to, biofuel and bioenergy.
(k) Other categories of projects recommended by the director and
approved by the board.
SEC. 6. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to receive and expend needed funds recently made
available by Congress as part of the federal American Recovery and
Reinvestment Act of 2009 as soon as possible, it is necessary that
this act take effect immediately.