Amended  IN  Assembly  June 10, 2024
Amended  IN  Senate  May 16, 2024
Amended  IN  Senate  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1101

Introduced by Senator Limón

February 13, 2024

An act to amend Sections 10295 and 10340 of the Public Contract Code, and to add Section 4114.4 to the Public Resources Code, relating to fire prevention.


LEGISLATIVE COUNSEL'S DIGEST


SB 1101, as amended, Limón. Fire prevention: prescribed fire: state contracts: maps.
(1) Existing law requires all contracts entered into by a state agency for the acquisition of goods or services, as specified, to be void unless and until approved by the Department of General Services. Existing law requires a state agency to secure at least 3 competitive bids or proposals for each contract. Existing law establishes exceptions to these requirements for specified contracts.
This bill would include in the list of exceptions a contract entered into by the Department of Forestry and Fire Protection for the purpose of providing logistical support for large-scale prescribed fire operations, as provided.
(2) Existing law requires the Department of Forestry and Fire Protection to do certain things with respect to fires, including provide fire prevention and firefighting implements and apparatus, organize fire crew and patrols, and establish observation stations and other necessary structures.
This bill would require the department, on or before January 1, 2026, to identify and map a comprehensive network of potential operational delineations that can be used for strategic wildfire response or the proactive use of prescribed fire, as provided. The bill would require the Fire and Resource Assessment Program in the department, on or before July 1, 2025, and updated annually thereafter, to develop maps of the severity of impacts from wildfires, as provided. The bill would also require the department to annually review the effects of recent fires in the context of community safety and ecological restoration goals to identify priority opportunities for prescribed fire that can further manage hazardous fuel conditions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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’s plants and iconic landscapes evolved in conjunction with fire. Fire is as essential of a natural process as is rain. California, and its Mediterranean climate, is one of the most naturally fire-prone landscapes on Earth.
(b) A century of fire suppression has changed our landscapes. Areas that evolved with frequent low and mixed intensity fire have not seen fire in generations and have become unnaturally dense with vegetation, creating the conditions for extreme fire behavior. Native biodiversity suffers as plants that depend on fire to maintain appropriate conditions are overtaken by species that thrive in the absence of fire.
(c) While California’s forests and rangelands generally suffer from having too little fire, some ecosystems, such as the shrublands in densely populated southern California, have frequent human ignitions, and therefore unnaturally frequent fires. Managing fire across California’s diverse landscapes requires knowing where we need more frequent fire, and where fires are already too frequent.
(d) In many cases, prescribed fire is the only restoration and mitigation tool available, and is broadly understood to be the most ecologically appropriate and cost-effective way to address the unnatural landscape condition.
(e) The Department of Forestry and Fire Protection (CAL-FIRE) is the largest fire agency in California, with responsibility for nearly one-third of California. CAL-FIRE could achieve dramatically more fuel reduction through prescribed fire if it could be more nimble and use favorable weather conditions. Currently, nonemergency contracting, procurement, and travel requirements preclude many good opportunities for these risk reduction projects.
(f) Proactive planning and increased use of beneficial fire will improve the resilience of landscapes and the safety of communities and will help moderate the costs and outcomes of future wildfires. Engaging in collaborative planning with communities will help build a shared understanding of how to manage the risk from wildfire.

SEC. 2.

 Section 10295 of the Public Contract Code is amended to read:

10295.
 (a) All contracts entered into by any state agency for (1) the acquisition of goods or elementary school textbooks, (2) services, whether or not the services involve the furnishing or use of goods or are performed by an independent contractor, (3) the construction, alteration, improvement, repair, or maintenance of property, real or personal, or (4) the performance of work or services by the state agency for or in cooperation with any person, or public body, are void unless and until approved by the department. Every contract shall be transmitted with all papers, estimates, and recommendations concerning it to the department and, if approved by the department, shall be effective from the date of the approval.
(b) This section applies to a state agency that by general or specific statute is expressly or impliedly authorized to enter into transactions referred to in this section.
(c) This section does not apply to any of the following:
(1) A transaction entered into by the Trustees of the California State University, by the Board of Governors of the California Community Colleges, or by a department under the State Contract Act or the California State University Contract Law.
(2) A contract of a type specifically mentioned and authorized to be entered into by the Department of Transportation under Section 14035 or 14035.5 of the Government Code, Sections 99316 to 99319, inclusive, of the Public Utilities Code, or the Streets and Highways Code.
(3) A contract entered into by the Department of Transportation that is not funded by money derived by state tax sources but, rather, is funded by money derived from federal or local tax sources.
(4) A contract entered into by the Department of Human Resources for state employee benefits, occupational health and safety, training services, or combination thereof.
(5) A contract let by the Legislature.
(6) A contract entered into under the authority of Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code.
(7) A contract entered into by the Department of Forestry and Fire Protection for the purpose of providing logistical support for large-scale prescribed fire operations, including, but not limited to, meals, lodging, hired equipment, onsite preparatory efforts, and land use agreements, or any related subcontract.

SEC. 3.

 Section 10340 of the Public Contract Code is amended to read:

10340.
 (a) Except as provided by subdivision (b), a state agency shall secure at least three competitive bids or proposals for each contract.
(b) Three competitive bids or proposals are not required in any of the following cases:
(1) In cases of an emergency where a contract is necessary for the immediate preservation of the public health, welfare, or safety, or protection of state property.
(2) When the state agency awarding the contract has advertised the contract in the California State Contracts Register and has solicited all potential contractors known to the state agency, but has received less than three bids or proposals.
(3) (A) The contract is with another state agency, a local governmental entity, an auxiliary organization of the California State University, an auxiliary organization of a California community college, a foundation organized to support the Board of Governors of the California Community Colleges, or an auxiliary organization of the Student Aid Commission established pursuant to Section 69522 of the Education Code. These contracts, however, shall not be used to circumvent the competitive bidding requirements of this article.
(B) Notwithstanding subparagraph (A), until January 1, 2020, an interagency agreement that is in effect pursuant to an amount appropriated to the Office of Planning and Research for precision medicine, including a contract between the Office of Planning and Research, the Regents of the University of California, or an auxiliary organization of the California State University, may include a subcontract not subject to any competitive bidding requirements of this article for the limited purpose of researching or developing precision medicine.
(4) The contract meets the conditions prescribed by the department pursuant to subdivision (a) of Section 10348.
(5) The contract has been awarded without advertising and calling for bids pursuant to Section 19404 of the Welfare and Institutions Code.
(6) Contracts entered into pursuant to Section 14838.5 of the Government Code.
(7) Contracts for the development, maintenance, administration, or use of licensing or proficiency testing examinations.
(8) The contract is for services for the operation, maintenance, repair, or replacement of specialized equipment at facilities of the State Water Resources Development System, as defined in Section 12931 of the Water Code, and meets the conditions established by the Department of Water Resources for those contracts.
(9) The contract meets the conditions prescribed by the Department of Water Resources for contracts subject to Section 10295.6.
(10) A contract entered into by the Commission on Peace Officer Standards and Training or the Office of Emergency Services solely for the services of instructors for public safety training. For the purpose of this paragraph, “public safety training” includes, but is not limited to, training related to law enforcement, emergency medical response, emergency volunteers, and fire responders.
(11) A contract entered into by the Department of Forestry and Fire Protection for the purpose of providing logistical support for large-scale prescribed fire operations, including, but not limited to, meals, lodging, hired equipment, and land use agreements, or any related subcontract.
(c) A state agency that has received less than three bids or proposals on a contract shall document, in a manner prescribed by the department, the names and addresses of the firms or individuals it solicited for bids or proposals.

SEC. 4.

 Section 4114.4 is added to the Public Resources Code, to read:

4114.4.
 (a) (1) On or before January 1, 2026, the department, in coordination with the United States Forest Service and other relevant state, federal, tribal, local, and private cooperators, shall identify and map a comprehensive network of potential operational delineations that can be used for strategic wildfire response or the proactive use of prescribed fire. This effort shall use existing tools, including, but not limited to, the open-source tool known as Planscape, tools, and build on existing plans, including, but not limited to, community wildfire protection plans, CAL-FIRE unit fire plans, and potential operational delineations for wildfires of the United States Forest Service.
(2) The map described in paragraph (1) shall comply with both of the following:
(A) Be included in outreach efforts for state programs related to fire planning and community engagement efforts, such as, but not limited to, the Regional Forest and Fire Capacity Program (Article 11 (commencing with Section 4208)).
(B) Be assessed for potential impacts on tribal cultural resources and sensitive species in areas where there will be significant ground disturbance. The department, through local units of the department, shall engage with and consult tribal entities in the region for input on the potential network of delineations described in paragraph (1). Tribal leadership in this process shall be supported and engaged with to the extent feasible. If an appropriation by the Legislature has been made for these purposes, state resources may be used to support tribal engagement in developing, reviewing, and assessing proposed locations. This subparagraph does not alter any duty by the department to consult with tribal governments during a wildfire event.
(b) (1) In order to provide a nuanced understanding of postfire conditions, on or before July 1, 2025, and updated annually thereafter, the Fire and Resource Assessment Program in the department shall develop maps of the severity of impacts from wildfires that includes fires of significant size across all land ownerships. To the extent feasible, in developing the maps described in this paragraph, the department shall collaborate with the United States Forest Service, the United States Geological Survey, and other relevant parties, and shall, where appropriate, use data from existing sources, including from the Burn Severity Portal maintained by the United States Geological Survey. For purposes of complying with this paragraph, the department may contract with a third party.
(2) The department shall make the maps described in paragraph (1) available to the public on its internet website.
(c) The department shall annually review the effects of recent fires in the context of community safety and ecological restoration goals to identify priority opportunities for prescribed fire that can further manage hazardous fuel conditions.