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AB-697 Forest resources: national forest lands: Good Neighbor Authority Fund: ecological restoration and fire resiliency projects.(2021-2022)

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Date Published: 02/16/2021 09:00 PM
AB697:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 697


Introduced by Assembly Member Chau
(Principal coauthor: Assembly Member Mullin)

February 16, 2021


An act to amend the heading of Chapter 6 (commencing with Section 4810) of Part 2.5 of Division 4 of, to amend Section 4810 of, and to add Sections 4811 and 4812 to, the Public Resources Code, relating to forestry.


LEGISLATIVE COUNSEL'S DIGEST


AB 697, as introduced, Chau. Forest resources: national forest lands: Good Neighbor Authority Fund: ecological restoration and fire resiliency projects.
Existing law establishes in the State Treasury the Good Neighbor Authority Fund, to be administered by the Department of Forestry and Fire Protection under the direction of the Secretary of the Natural Resources Agency. Existing law makes the moneys in the fund available for expenditure, upon appropriation by the Legislature, as authorized by specified federal law, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs.
This bill would reorganize the law relating to the fund. The bill would require the department, under an agreement between the state and the federal government, to establish a program for purposes of conducting ecological restoration and fire resiliency projects on national forest lands, with priority given to forest restoration and fuels reduction projects that are landscape scale, focused on ecological restoration and based on the best available science, emphasize the use of prescribed fire, and include community fire protection and protection of water infrastructure and other infrastructure as important goals, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The heading of Chapter 6 (commencing with Section 4810) of Part 2.5 of Division 4 of the Public Resources Code is amended to read:
CHAPTER  6. Good Neighbor Authority Fund Program

SEC. 2.

 Section 4810 of the Public Resources Code is amended to read:

4810.
 (a)For purpose of this section, chapter, the following terms shall apply:

(1)

(a) “Agreement” means the Good Neighbor Authority Agreement entered into between the state and the federal government pursuant to Section 2113a of Title 16 of the United States Code.
(b) “Forest collaborative” means a functioning collaborative group that includes multiple persons or entities representing diverse interests, that is transparent and inclusive, and that has sufficient expertise, capacity, and scientific support to effectively plan, implement, and monitor landscape-level, ecological-based forest restoration activities.

(2)

(c) “Fund” means the Good Neighbor Authority Fund, established pursuant to subdivision (b). as specified in Section 4811.

(b)There is hereby established in the State Treasury the Good Neighbor Authority Fund. The fund shall be administered by the department under the direction of the Secretary of the Natural Resources Agency. The moneys in the fund shall be available for expenditure, upon appropriation by the Legislature, and as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs.

(c)The fund shall be the depository for revenues derived from the sale of forest products, as defined in Section 4638, from federal lands, as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, to support the activities described in subdivision (b).

(d)State departments or agencies engaged in agreements may accept grants and donations, including, but not limited to, donations of equipment, seedlings, labor, materials, or funds from any source for the purpose of supporting or facilitating activities undertaken pursuant to this section. Funds received pursuant to this subdivision shall be transferred to the department and deposited into the fund for use by state departments or agencies engaged in agreements to support the activities described in subdivision (b) at the direction of the Secretary of the Natural Resources Agency.

SEC. 3.

 Section 4811 is added to the Public Resources Code, to read:

4811.
 (a) There is continued in existence in the State Treasury the Good Neighbor Authority Fund, originally established pursuant to Chapter 18 of the Statutes of 2020. The fund shall be administered by the department under the direction of the Secretary of the Natural Resources Agency. The moneys in the fund shall be available for expenditure, upon appropriation by the Legislature, and as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, for state departments or agencies to undertake forest health and fuels reduction projects on federal lands executed through these agreements, and to fund costs associated with planning, implementing, and maintaining these projects, including administrative and operational costs.
(b) The fund shall be the depository for revenues derived from the sale of forest products, as defined in Section 4638, from federal lands, as authorized by Section 2113a(b)(2) of Title 16 of the United States Code, and to the extent not in conflict with federal law or agreements, to support the activities described in subdivision (a).
(c) State departments or agencies engaged in agreements may accept grants and donations, including, but not limited to, donations of equipment, seedlings, labor, materials, or funds from any source for the purpose of supporting or facilitating activities undertaken pursuant to this section. Funds received pursuant to this subdivision shall be transferred to the department and deposited into the fund for use by state departments or agencies engaged in agreements to support the activities described in subdivision (a) at the direction of the Secretary of the Natural Resources Agency.

SEC. 4.

 Section 4812 is added to the Public Resources Code, to read:

4812.
 (a) Under an agreement between the state and the federal government, the department shall establish a program for purposes of conducting ecological restoration and fire resiliency projects on national forest lands, with priority given to forest restoration and fuels reduction projects that are landscape scale, are focused on ecological restoration and are based on the best available science, emphasize the use of prescribed fire, and include community fire protection and protection of water infrastructure and other infrastructure as important goals. Eligible activities under the program, consistent with Section 2113a(b)(2) of Title 16 of the United States Code, any other federal law, and the agreement, may include any of the following:
(1) The development of federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) documents, and documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(2) Other activities related to project planning, such as preparation of resource surveys, analyses, and reports.
(3) Implementation and maintenance of selected projects, including ecological thinning, prescribed fire, replanting, and related activities.
(b) The department may contract with Native American tribes, local governments, forest collaboratives, resource conservation districts, and qualified nongovernmental organizations to assist in planning, implementing, and maintaining landscape scale restoration projects on national forest lands.