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SB-1079 Forest resources: fire prevention grants: advance payments.(2017-2018)

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Date Published: 08/13/2018 09:00 PM
SB1079:v94#DOCUMENT

Amended  IN  Assembly  August 13, 2018
Amended  IN  Assembly  June 28, 2018
Amended  IN  Assembly  June 14, 2018
Amended  IN  Senate  April 25, 2018
Amended  IN  Senate  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1079


Introduced by Senator Monning
(Coauthors: Senators Gaines and Morrell)

February 12, 2018


An act to amend Section 4799.05 of, and to add and repeal Section 705.5 of, the Public Resources Code, relating to forest resources, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 1079, as amended, Monning. Forest resources: fire prevention grants: advance payments.
Existing law authorizes the Director of Forestry and Fire Protection to provide grants to entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. The Budget Act of 2017 appropriated moneys to the Department of Forestry and Fire Protection for purposes of, among other things, providing local assistance grants, grants to fire safe councils, and grants to qualified nonprofit organizations with a demonstrated ability to satisfactorily plan, implement, and complete a fire prevention project for these same purposes, as provided.
This bill would, until January 1, 2024, authorize the director to authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from the grant awards specified above. The bill would prohibit a single advance payment from exceeding 25% of the total grant award. The bill would place specified requirements on the grantee of the advance payment, including that the grantee file an accountability report with the department, as provided. The bill would require the department to provide a report to the Legislature on or before January 1, 2023, on the outcome of the department’s use of the advance payments.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 705.5 is added to the Public Resources Code, to read:

705.5.
 (a) The director may authorize advance payments to a nonprofit organization, a local agency, a special district, or a Native American tribe from a grant awarded pursuant to subdivision (a), (b), (c), (d), (f), or (g) of Provision 2 of Item 3540-001-3228 of Section 2.00 of the Budget Act of 2017, including subsequent amendments to that provision. The director may also authorize advance payments to a private forest landowner from a grant awarded pursuant to subdivision (a) of Provision 2 of Item 3540-001-3228 of Section 2.00 of the Budget Act of 2017, including subsequent amendments to that provision. No single advance payment shall exceed 25 percent of the total grant award.

(b)(1)Any advance payments made pursuant to subdivision (a) shall be deposited into a non-interest-bearing account.

(2)

(b) (1) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.

(3)

(2) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.
(c) (1) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the department’s use of advance payments pursuant to this section and Section 4799.05. payments.
(2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.

SEC. 2.

 Section 4799.05 of the Public Resources Code is amended to read:

4799.05.
 (a) (1) The director may provide grants to, or enter into contracts or other cooperative agreements with, entities, including, but not limited to, private or nongovernmental entities, Native American tribes, or local, state, and federal public agencies, for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions.
(2) (A) Until January 1, 2024, the director may authorize advance payments to a nonprofit organization, a local agency, a special district, a private forest landowner, or a Native American tribe from a grant awarded pursuant to this section. No single advance payment shall exceed 25 percent of the total grant award.

(B)(i)Any advance payments made pursuant to this paragraph shall be deposited into a non-interest-bearing account.

(ii)

(B) (i) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.

(iii)

(ii) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.
(C) (i) The department shall provide a report to the Legislature on or before January 1, 2023, on the outcome of the department’s use of advance payments pursuant to this paragraph and Section 705.5. payments.
(ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code.
(iii) The requirement for submitting a report imposed under clause (i) is inoperative on January 1, 2027, pursuant to Section 10231.5 of the Government Code.
(b) Any project or program described in this section that is funded with moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, shall comply with all statutory and program requirements applicable to the use of moneys from the fund.
(c) Moneys appropriated to the department for landscape-scale projects shall be allocated as follows:
(1) To subsidize the removal of small diameter material, especially surface fuels and ladder fuels, as well as dead trees, in order to help develop markets for beneficial uses of the material, including, but not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.
(2) For multiple benefit projects, such as tree thinning, carbon sequestration, forest resilience, and improved ecological outcome projects, including, but not limited to, restoring watershed health and function and supporting biodiversity and wildlife adaptation to climate change. The department shall give grant funding priority to landowners who practice uneven aged forest management with a resilient forest of diverse age, size, and species class within the boundaries of the project and whose activities are conducted pursuant to an approved timber harvest plan, nonindustrial timber harvest plan, or working forest management plan. An application for a grant for a project under this subparagraph shall include a description of how the proposed project will increase average stem diameter and provide other site-specific improvement to forest complexity, as demonstrated by the expansion of the variety of tree age classes and species persisting for a period of at least 50 years. The department shall also give funding priority to landowners who agree to long-term forest management goals prescribed by the department.
(3) For activities on national forest lands to increase tree stand heterogeneity, create forest openings of less than one acre, and increase average tree stand diameter of residual trees. Any grants provided under this subparagraph shall be approved by the department, in collaboration with appropriate state agencies, including the State Air Resources Board.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to implement projects that restore forest health and reduce large, intense wildfires, it is necessary for this act to take effect immediately.