State Codes and Statutes

Statutes > California > Prc > 4750-4750.7

PUBLIC RESOURCES CODE
SECTION 4750-4750.7



4750.  This article shall be known and may be cited as the Sudden
Oak Death Management Act of 2002.



4750.1.  The Legislature finds and declares all of the following:
   (a) The need for expanding the current efforts to slow the spread
of sudden oak death grows more urgent with the discovery of each new
plant host and the spread of the disease to an increasing number of
counties.
   (b) The cause of sudden oak death, a fungus known as Phytophthora
ramorum, has only recently been discovered. There is currently no
known cure for trees and other plant species infected with this
fungus, leaving removal as the only current option. Although costly,
infected trees and other plant species can be removed.
   (c) Ten counties have now confirmed the presence of sudden oak
death in several trees and other plant species. The counties are
Marin, Sonoma, Monterey, Mendocino, Napa, San Mateo, Santa Cruz,
Santa Clara, Solano, and Alameda. Trees and other plant species in
several other counties are potentially affected with sudden oak
death, but are not yet confirmed.
   (d) In addition to the tens of thousands of tanoaks (Lithocarpus
densiflorus), coast live oaks (Quercus agrifolia), and black oaks
(Quercus kelloggii) that are currently dying of Phytophthora ramorum,
the fungus has also been confirmed in Shreve's oak (Quercus parvula,
var. shrevei), rhododendron (Rhododendron species, except azaleas),
California bay laurel (Umbellularia californica), madrone (Arbutus
menziesii), huckleberry (Vaccinium ovatum), arrowwood (Viburnum x
bodnantense), bigleaf maple (Acer macrophyllum), California buckeye
(Aesculus californica), California coffeeberry (Rhamnus californica),
a honeysuckle (Lonicera hispidula), manzanita (Arctostaphylos
manzanita), and Toyon or Christmas berry (Heteromeles arbutifolia).
Several more species are suspected of infestation.
   (e) Research is urgently needed to determine the range of host
trees and other plants that may be infected, to help develop
sufficient control strategies.
   (f) There is now a significant danger that sudden oak death may
spread to other regions of California, other states, or countries.
Currently, federal agencies, California, Oregon, Canada, and South
Korea have imposed quarantines in an attempt to halt the spread of
the fungus.
   (g) The effect of the spread of this devastating disease is
potentially disastrous: massive die-offs of oak trees covering
thousands of acres; a serious increase in fire threats in areas that
include densely populated areas; a dramatic change in forest cover
and ecosystems with a devastating effect on California's wildlife;
and severe consequences to California's economy, including threats to
tourism and the continued sale of nursery stock and forest products.
   (h) Therefore, it is the intent of the Legislature to provide
continuing funding to the Resources Agency for its program to combat
sudden oak death. Funding is necessary to address this situation
quickly and adequately, and to ensure that necessary actions are
taken to protect the public safety and the environment. It is the
intent of the Legislature that the Department of Forestry and Fire
Protection, with recommendations from the California Oak Mortality
Task Force, administer this program.



4750.2.  As used in this article, "task force" means the California
Oak Mortality Task Force.



4750.3.  It is hereby declared to be the policy of the state, to the
extent feasible, to stop the spread of sudden oak death and conserve
oak trees and other plant species affected by the disease. The
purpose of this article is to accomplish all of the following:
   (a) Prevent the introduction and spread within this state of
sudden oak death caused by Phytophthora ramorum.
   (b) Reduce or eliminate the loss of oak trees and other plant
species infected with Phytophthora ramorum.
   (c) Encourage the coordination of efforts between federal, state,
and local agencies and organizations to effectively allocate
resources to manage Phytophthora ramorum.



4750.4.  (a) (1) The department shall implement a program to detect,
remove, and treat, if possible, trees infected with Phytophthora
ramorum. This program shall encourage tree management and replanting
in urban and other infected areas and assist counties in seeking
innovative solutions to problems caused by Phytophthora ramorum.
   (2) The department is primarily responsible for carrying out the
intent of this article in cooperation with the task force and other
private and public entities or persons and appropriate local, state,
and federal agencies.
   (b) (1) The department shall cooperate with those agencies of the
federal government that have powers and duties concerning forestry,
and shall perform all actions necessary to secure for this state the
benefits of federal forestry programs.
   (2) To facilitate the implementation of this article, the director
may enter into agreements and contracts with any public or private
entity, including any local agency, that has forestry related
jurisdictional responsibilities. The director may consult with those
entities and agencies when carrying out the objectives of this
article.
   (c) The director shall take all necessary steps to prevent or
retard the introduction, establishment, and spread of Phytophthora
ramorum.
   (d) The department and the Department of Food and Agriculture
shall cooperate in setting quarantine boundary lines, if necessary,
and in enforcing the provisions relating to plant quarantine and pest
control in Division 4 (commencing with Section 5001) of the Food and
Agricultural Code if a quarantine is established with regard to
Phytophthora ramorum.



4750.5.  (a) The department shall provide information and technical
assistance to cities, counties, districts, regional entities,
homeowner neighborhood groups, and nonprofit organizations on
Phytophthora ramorum.
   (b) The department and any other state agency may assist local
tree maintenance programs by loaning surplus equipment for regional
and local urban forestry. Eligible programs shall include, but are
not limited to, urban tree care by nonprofit organizations.



4750.6.  The director, with advice from the task force, may enter
into contracts to provide assistance for project costs associated
with the implementation of this article. Eligible projects shall
include all of the following:
   (a) Infected tree detection, including coordination of local
agency efforts and citizen involvement.
   (b) Funding for seedlings, tree stock, and replanting.
   (c) Other categories of projects recommended by the task force and
approved by the director.



4750.7.  (a) (1) The Department of Forestry and Fire Protection
shall expend funds, subject to appropriation in the Budget Act, on
sudden oak death management activities pursuant to this section. The
department shall take into account the recommendations of the task
force for the expenditure of the funds.
   (2) The department shall expend the funds appropriated pursuant to
this subdivision to take various actions to control the spread of
Phytophthora ramorum, to find effective treatments to prevent or
eliminate sudden oak death, and to assist state and local agencies
and private property owners to perform, identify, remove, and
appropriately dispose of trees and plants that have become infected
or expired due to sudden oak death.
   (3) (A) Of the amount to be expended pursuant to this subdivision,
the department shall expend the amount of funds it deems necessary
on sudden oak death monitoring including, but not limited to,
open-space surveys, roadside surveys, aerial surveys, monitoring
technique workshops, development of baseline information on the
distribution, condition, and mortality rates of oaks in California,
and maintaining an up-to-date geographic information system database.
   (B) (i) Except as provided in clause (ii), of the amount to be
expended pursuant to this subdivision, the department shall expend
not less than 35 percent on sudden oak death management activities
pursuant to contracts with counties, which may include, but need not
be limited to, hazard tree assessment, contracts with counties for
hazard tree removal pursuant to the process established by clause
(iii), biomass utilization, assessment and management of restoration
and mitigation options, establishment and operation of demonstration
projects, including green waste treatment facilities, and grants to
counties for oak tree restoration pursuant to the process established
by clause (iv). The department shall first endeavor to contract
directly with the affected county. If the county declines to enter
into a contract, or if the county has not commenced the process
established by clause (iii) within 60 days of notification by the
department of the need for a contract with the affected county, the
department may enter into one or more contracts with one or more
other appropriate entities at the local level.
   (ii) Of the amount of funds appropriated in the Budget Act of 2002
that is expended under this subdivision, the department shall expend
not less than seven hundred thousand dollars ($700,000) pursuant to
clause (i).
   (iii) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for the removal of trees that have died or are dying as a
result of sudden oak death. An affected county may apply to the
department for a contract, and shall provide the department with an
action plan for the removal and disposition of affected trees within
its jurisdiction. The department shall approve or deny an affected
county's action plan in a timely manner. If the department approves
the action plan of an affected county, the department may enter into
a contract with that county. The department shall consider the
recommendation of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. An action plan approved by the board prior to January 1,
2003, is deemed sufficient to comply with this section.
   (iv) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for activities designed to restore oak trees in areas that
have been affected by sudden oak death. An affected county may apply
to the department for these funds, and provide the department with an
action plan for the restoration of affected trees within its
jurisdiction. The department shall approve or deny an affected county'
s action plan in a timely manner. If the department approves the
action plan of an affected county, the department may enter into a
contract with that county. The department shall consider the
recommendations of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. The department may reallocate to other sudden oak death
management activities authorized under this section any amount
allocated under this subdivision and not expended within one year
after the date it was originally allocated.
   (C) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
research activities, including, but not limited to, research on
forest pathology and Phytophthora ecology, forest insects associated
with oak decline, urban forestry and arboriculture, forest ecology,
fire management and silviculture, genetic resistance, ecosystem
impacts, and landscape ecology, epidemiology, and monitoring
techniques.
   (D) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
education activities, including, but not limited to, support for two
regional education project coordinators, one public information
officer, Internet Web site design and maintenance training, and
development and distribution of educational materials on sudden oak
death for homeowners, arborists, urban foresters, park managers,
public works personnel, utility crews, recreationists, nursery
workers, landscapers, naturalists, and firefighting personnel.
   (E) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on fire
protection and prevention activities, including, but not limited to,
assessing fire risk in heavily impacted areas, inspecting property
to encourage increased clearing of vegetation in heavily infested
areas and to mitigate the fire risk, producing and distributing
safety information for firefighters working in areas affected by
sudden oak death, and treating vegetation to prevent fire.
   (F) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary to fund
administrative activities necessary to oversee the activities listed
in subparagraphs (A) to (E), inclusive, including, but not limited
to, an overall statewide task force coordinator, miscellaneous
expenses associated with the operation of the task force, and staff
of the department to carry out contract preparation, administration,
and fiscal audits of contract expenditures.
   (b) Of the amount to be expended under this section, the
department may allocate funds to the Department of Food and
Agriculture for regulatory activities, including, but not limited to,
nursery surveys and other regulatory enforcement activities
performed by agricultural commissioners, diagnostic services, and
public agency coordination efforts. Of the amount allocated to be
expended under this subdivision, the department may expend the amount
of funds it deems necessary to fund administrative activities
necessary to oversee the activities listed in this subdivision.


State Codes and Statutes

Statutes > California > Prc > 4750-4750.7

PUBLIC RESOURCES CODE
SECTION 4750-4750.7



4750.  This article shall be known and may be cited as the Sudden
Oak Death Management Act of 2002.



4750.1.  The Legislature finds and declares all of the following:
   (a) The need for expanding the current efforts to slow the spread
of sudden oak death grows more urgent with the discovery of each new
plant host and the spread of the disease to an increasing number of
counties.
   (b) The cause of sudden oak death, a fungus known as Phytophthora
ramorum, has only recently been discovered. There is currently no
known cure for trees and other plant species infected with this
fungus, leaving removal as the only current option. Although costly,
infected trees and other plant species can be removed.
   (c) Ten counties have now confirmed the presence of sudden oak
death in several trees and other plant species. The counties are
Marin, Sonoma, Monterey, Mendocino, Napa, San Mateo, Santa Cruz,
Santa Clara, Solano, and Alameda. Trees and other plant species in
several other counties are potentially affected with sudden oak
death, but are not yet confirmed.
   (d) In addition to the tens of thousands of tanoaks (Lithocarpus
densiflorus), coast live oaks (Quercus agrifolia), and black oaks
(Quercus kelloggii) that are currently dying of Phytophthora ramorum,
the fungus has also been confirmed in Shreve's oak (Quercus parvula,
var. shrevei), rhododendron (Rhododendron species, except azaleas),
California bay laurel (Umbellularia californica), madrone (Arbutus
menziesii), huckleberry (Vaccinium ovatum), arrowwood (Viburnum x
bodnantense), bigleaf maple (Acer macrophyllum), California buckeye
(Aesculus californica), California coffeeberry (Rhamnus californica),
a honeysuckle (Lonicera hispidula), manzanita (Arctostaphylos
manzanita), and Toyon or Christmas berry (Heteromeles arbutifolia).
Several more species are suspected of infestation.
   (e) Research is urgently needed to determine the range of host
trees and other plants that may be infected, to help develop
sufficient control strategies.
   (f) There is now a significant danger that sudden oak death may
spread to other regions of California, other states, or countries.
Currently, federal agencies, California, Oregon, Canada, and South
Korea have imposed quarantines in an attempt to halt the spread of
the fungus.
   (g) The effect of the spread of this devastating disease is
potentially disastrous: massive die-offs of oak trees covering
thousands of acres; a serious increase in fire threats in areas that
include densely populated areas; a dramatic change in forest cover
and ecosystems with a devastating effect on California's wildlife;
and severe consequences to California's economy, including threats to
tourism and the continued sale of nursery stock and forest products.
   (h) Therefore, it is the intent of the Legislature to provide
continuing funding to the Resources Agency for its program to combat
sudden oak death. Funding is necessary to address this situation
quickly and adequately, and to ensure that necessary actions are
taken to protect the public safety and the environment. It is the
intent of the Legislature that the Department of Forestry and Fire
Protection, with recommendations from the California Oak Mortality
Task Force, administer this program.



4750.2.  As used in this article, "task force" means the California
Oak Mortality Task Force.



4750.3.  It is hereby declared to be the policy of the state, to the
extent feasible, to stop the spread of sudden oak death and conserve
oak trees and other plant species affected by the disease. The
purpose of this article is to accomplish all of the following:
   (a) Prevent the introduction and spread within this state of
sudden oak death caused by Phytophthora ramorum.
   (b) Reduce or eliminate the loss of oak trees and other plant
species infected with Phytophthora ramorum.
   (c) Encourage the coordination of efforts between federal, state,
and local agencies and organizations to effectively allocate
resources to manage Phytophthora ramorum.



4750.4.  (a) (1) The department shall implement a program to detect,
remove, and treat, if possible, trees infected with Phytophthora
ramorum. This program shall encourage tree management and replanting
in urban and other infected areas and assist counties in seeking
innovative solutions to problems caused by Phytophthora ramorum.
   (2) The department is primarily responsible for carrying out the
intent of this article in cooperation with the task force and other
private and public entities or persons and appropriate local, state,
and federal agencies.
   (b) (1) The department shall cooperate with those agencies of the
federal government that have powers and duties concerning forestry,
and shall perform all actions necessary to secure for this state the
benefits of federal forestry programs.
   (2) To facilitate the implementation of this article, the director
may enter into agreements and contracts with any public or private
entity, including any local agency, that has forestry related
jurisdictional responsibilities. The director may consult with those
entities and agencies when carrying out the objectives of this
article.
   (c) The director shall take all necessary steps to prevent or
retard the introduction, establishment, and spread of Phytophthora
ramorum.
   (d) The department and the Department of Food and Agriculture
shall cooperate in setting quarantine boundary lines, if necessary,
and in enforcing the provisions relating to plant quarantine and pest
control in Division 4 (commencing with Section 5001) of the Food and
Agricultural Code if a quarantine is established with regard to
Phytophthora ramorum.



4750.5.  (a) The department shall provide information and technical
assistance to cities, counties, districts, regional entities,
homeowner neighborhood groups, and nonprofit organizations on
Phytophthora ramorum.
   (b) The department and any other state agency may assist local
tree maintenance programs by loaning surplus equipment for regional
and local urban forestry. Eligible programs shall include, but are
not limited to, urban tree care by nonprofit organizations.



4750.6.  The director, with advice from the task force, may enter
into contracts to provide assistance for project costs associated
with the implementation of this article. Eligible projects shall
include all of the following:
   (a) Infected tree detection, including coordination of local
agency efforts and citizen involvement.
   (b) Funding for seedlings, tree stock, and replanting.
   (c) Other categories of projects recommended by the task force and
approved by the director.



4750.7.  (a) (1) The Department of Forestry and Fire Protection
shall expend funds, subject to appropriation in the Budget Act, on
sudden oak death management activities pursuant to this section. The
department shall take into account the recommendations of the task
force for the expenditure of the funds.
   (2) The department shall expend the funds appropriated pursuant to
this subdivision to take various actions to control the spread of
Phytophthora ramorum, to find effective treatments to prevent or
eliminate sudden oak death, and to assist state and local agencies
and private property owners to perform, identify, remove, and
appropriately dispose of trees and plants that have become infected
or expired due to sudden oak death.
   (3) (A) Of the amount to be expended pursuant to this subdivision,
the department shall expend the amount of funds it deems necessary
on sudden oak death monitoring including, but not limited to,
open-space surveys, roadside surveys, aerial surveys, monitoring
technique workshops, development of baseline information on the
distribution, condition, and mortality rates of oaks in California,
and maintaining an up-to-date geographic information system database.
   (B) (i) Except as provided in clause (ii), of the amount to be
expended pursuant to this subdivision, the department shall expend
not less than 35 percent on sudden oak death management activities
pursuant to contracts with counties, which may include, but need not
be limited to, hazard tree assessment, contracts with counties for
hazard tree removal pursuant to the process established by clause
(iii), biomass utilization, assessment and management of restoration
and mitigation options, establishment and operation of demonstration
projects, including green waste treatment facilities, and grants to
counties for oak tree restoration pursuant to the process established
by clause (iv). The department shall first endeavor to contract
directly with the affected county. If the county declines to enter
into a contract, or if the county has not commenced the process
established by clause (iii) within 60 days of notification by the
department of the need for a contract with the affected county, the
department may enter into one or more contracts with one or more
other appropriate entities at the local level.
   (ii) Of the amount of funds appropriated in the Budget Act of 2002
that is expended under this subdivision, the department shall expend
not less than seven hundred thousand dollars ($700,000) pursuant to
clause (i).
   (iii) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for the removal of trees that have died or are dying as a
result of sudden oak death. An affected county may apply to the
department for a contract, and shall provide the department with an
action plan for the removal and disposition of affected trees within
its jurisdiction. The department shall approve or deny an affected
county's action plan in a timely manner. If the department approves
the action plan of an affected county, the department may enter into
a contract with that county. The department shall consider the
recommendation of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. An action plan approved by the board prior to January 1,
2003, is deemed sufficient to comply with this section.
   (iv) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for activities designed to restore oak trees in areas that
have been affected by sudden oak death. An affected county may apply
to the department for these funds, and provide the department with an
action plan for the restoration of affected trees within its
jurisdiction. The department shall approve or deny an affected county'
s action plan in a timely manner. If the department approves the
action plan of an affected county, the department may enter into a
contract with that county. The department shall consider the
recommendations of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. The department may reallocate to other sudden oak death
management activities authorized under this section any amount
allocated under this subdivision and not expended within one year
after the date it was originally allocated.
   (C) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
research activities, including, but not limited to, research on
forest pathology and Phytophthora ecology, forest insects associated
with oak decline, urban forestry and arboriculture, forest ecology,
fire management and silviculture, genetic resistance, ecosystem
impacts, and landscape ecology, epidemiology, and monitoring
techniques.
   (D) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
education activities, including, but not limited to, support for two
regional education project coordinators, one public information
officer, Internet Web site design and maintenance training, and
development and distribution of educational materials on sudden oak
death for homeowners, arborists, urban foresters, park managers,
public works personnel, utility crews, recreationists, nursery
workers, landscapers, naturalists, and firefighting personnel.
   (E) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on fire
protection and prevention activities, including, but not limited to,
assessing fire risk in heavily impacted areas, inspecting property
to encourage increased clearing of vegetation in heavily infested
areas and to mitigate the fire risk, producing and distributing
safety information for firefighters working in areas affected by
sudden oak death, and treating vegetation to prevent fire.
   (F) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary to fund
administrative activities necessary to oversee the activities listed
in subparagraphs (A) to (E), inclusive, including, but not limited
to, an overall statewide task force coordinator, miscellaneous
expenses associated with the operation of the task force, and staff
of the department to carry out contract preparation, administration,
and fiscal audits of contract expenditures.
   (b) Of the amount to be expended under this section, the
department may allocate funds to the Department of Food and
Agriculture for regulatory activities, including, but not limited to,
nursery surveys and other regulatory enforcement activities
performed by agricultural commissioners, diagnostic services, and
public agency coordination efforts. Of the amount allocated to be
expended under this subdivision, the department may expend the amount
of funds it deems necessary to fund administrative activities
necessary to oversee the activities listed in this subdivision.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 4750-4750.7

PUBLIC RESOURCES CODE
SECTION 4750-4750.7



4750.  This article shall be known and may be cited as the Sudden
Oak Death Management Act of 2002.



4750.1.  The Legislature finds and declares all of the following:
   (a) The need for expanding the current efforts to slow the spread
of sudden oak death grows more urgent with the discovery of each new
plant host and the spread of the disease to an increasing number of
counties.
   (b) The cause of sudden oak death, a fungus known as Phytophthora
ramorum, has only recently been discovered. There is currently no
known cure for trees and other plant species infected with this
fungus, leaving removal as the only current option. Although costly,
infected trees and other plant species can be removed.
   (c) Ten counties have now confirmed the presence of sudden oak
death in several trees and other plant species. The counties are
Marin, Sonoma, Monterey, Mendocino, Napa, San Mateo, Santa Cruz,
Santa Clara, Solano, and Alameda. Trees and other plant species in
several other counties are potentially affected with sudden oak
death, but are not yet confirmed.
   (d) In addition to the tens of thousands of tanoaks (Lithocarpus
densiflorus), coast live oaks (Quercus agrifolia), and black oaks
(Quercus kelloggii) that are currently dying of Phytophthora ramorum,
the fungus has also been confirmed in Shreve's oak (Quercus parvula,
var. shrevei), rhododendron (Rhododendron species, except azaleas),
California bay laurel (Umbellularia californica), madrone (Arbutus
menziesii), huckleberry (Vaccinium ovatum), arrowwood (Viburnum x
bodnantense), bigleaf maple (Acer macrophyllum), California buckeye
(Aesculus californica), California coffeeberry (Rhamnus californica),
a honeysuckle (Lonicera hispidula), manzanita (Arctostaphylos
manzanita), and Toyon or Christmas berry (Heteromeles arbutifolia).
Several more species are suspected of infestation.
   (e) Research is urgently needed to determine the range of host
trees and other plants that may be infected, to help develop
sufficient control strategies.
   (f) There is now a significant danger that sudden oak death may
spread to other regions of California, other states, or countries.
Currently, federal agencies, California, Oregon, Canada, and South
Korea have imposed quarantines in an attempt to halt the spread of
the fungus.
   (g) The effect of the spread of this devastating disease is
potentially disastrous: massive die-offs of oak trees covering
thousands of acres; a serious increase in fire threats in areas that
include densely populated areas; a dramatic change in forest cover
and ecosystems with a devastating effect on California's wildlife;
and severe consequences to California's economy, including threats to
tourism and the continued sale of nursery stock and forest products.
   (h) Therefore, it is the intent of the Legislature to provide
continuing funding to the Resources Agency for its program to combat
sudden oak death. Funding is necessary to address this situation
quickly and adequately, and to ensure that necessary actions are
taken to protect the public safety and the environment. It is the
intent of the Legislature that the Department of Forestry and Fire
Protection, with recommendations from the California Oak Mortality
Task Force, administer this program.



4750.2.  As used in this article, "task force" means the California
Oak Mortality Task Force.



4750.3.  It is hereby declared to be the policy of the state, to the
extent feasible, to stop the spread of sudden oak death and conserve
oak trees and other plant species affected by the disease. The
purpose of this article is to accomplish all of the following:
   (a) Prevent the introduction and spread within this state of
sudden oak death caused by Phytophthora ramorum.
   (b) Reduce or eliminate the loss of oak trees and other plant
species infected with Phytophthora ramorum.
   (c) Encourage the coordination of efforts between federal, state,
and local agencies and organizations to effectively allocate
resources to manage Phytophthora ramorum.



4750.4.  (a) (1) The department shall implement a program to detect,
remove, and treat, if possible, trees infected with Phytophthora
ramorum. This program shall encourage tree management and replanting
in urban and other infected areas and assist counties in seeking
innovative solutions to problems caused by Phytophthora ramorum.
   (2) The department is primarily responsible for carrying out the
intent of this article in cooperation with the task force and other
private and public entities or persons and appropriate local, state,
and federal agencies.
   (b) (1) The department shall cooperate with those agencies of the
federal government that have powers and duties concerning forestry,
and shall perform all actions necessary to secure for this state the
benefits of federal forestry programs.
   (2) To facilitate the implementation of this article, the director
may enter into agreements and contracts with any public or private
entity, including any local agency, that has forestry related
jurisdictional responsibilities. The director may consult with those
entities and agencies when carrying out the objectives of this
article.
   (c) The director shall take all necessary steps to prevent or
retard the introduction, establishment, and spread of Phytophthora
ramorum.
   (d) The department and the Department of Food and Agriculture
shall cooperate in setting quarantine boundary lines, if necessary,
and in enforcing the provisions relating to plant quarantine and pest
control in Division 4 (commencing with Section 5001) of the Food and
Agricultural Code if a quarantine is established with regard to
Phytophthora ramorum.



4750.5.  (a) The department shall provide information and technical
assistance to cities, counties, districts, regional entities,
homeowner neighborhood groups, and nonprofit organizations on
Phytophthora ramorum.
   (b) The department and any other state agency may assist local
tree maintenance programs by loaning surplus equipment for regional
and local urban forestry. Eligible programs shall include, but are
not limited to, urban tree care by nonprofit organizations.



4750.6.  The director, with advice from the task force, may enter
into contracts to provide assistance for project costs associated
with the implementation of this article. Eligible projects shall
include all of the following:
   (a) Infected tree detection, including coordination of local
agency efforts and citizen involvement.
   (b) Funding for seedlings, tree stock, and replanting.
   (c) Other categories of projects recommended by the task force and
approved by the director.



4750.7.  (a) (1) The Department of Forestry and Fire Protection
shall expend funds, subject to appropriation in the Budget Act, on
sudden oak death management activities pursuant to this section. The
department shall take into account the recommendations of the task
force for the expenditure of the funds.
   (2) The department shall expend the funds appropriated pursuant to
this subdivision to take various actions to control the spread of
Phytophthora ramorum, to find effective treatments to prevent or
eliminate sudden oak death, and to assist state and local agencies
and private property owners to perform, identify, remove, and
appropriately dispose of trees and plants that have become infected
or expired due to sudden oak death.
   (3) (A) Of the amount to be expended pursuant to this subdivision,
the department shall expend the amount of funds it deems necessary
on sudden oak death monitoring including, but not limited to,
open-space surveys, roadside surveys, aerial surveys, monitoring
technique workshops, development of baseline information on the
distribution, condition, and mortality rates of oaks in California,
and maintaining an up-to-date geographic information system database.
   (B) (i) Except as provided in clause (ii), of the amount to be
expended pursuant to this subdivision, the department shall expend
not less than 35 percent on sudden oak death management activities
pursuant to contracts with counties, which may include, but need not
be limited to, hazard tree assessment, contracts with counties for
hazard tree removal pursuant to the process established by clause
(iii), biomass utilization, assessment and management of restoration
and mitigation options, establishment and operation of demonstration
projects, including green waste treatment facilities, and grants to
counties for oak tree restoration pursuant to the process established
by clause (iv). The department shall first endeavor to contract
directly with the affected county. If the county declines to enter
into a contract, or if the county has not commenced the process
established by clause (iii) within 60 days of notification by the
department of the need for a contract with the affected county, the
department may enter into one or more contracts with one or more
other appropriate entities at the local level.
   (ii) Of the amount of funds appropriated in the Budget Act of 2002
that is expended under this subdivision, the department shall expend
not less than seven hundred thousand dollars ($700,000) pursuant to
clause (i).
   (iii) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for the removal of trees that have died or are dying as a
result of sudden oak death. An affected county may apply to the
department for a contract, and shall provide the department with an
action plan for the removal and disposition of affected trees within
its jurisdiction. The department shall approve or deny an affected
county's action plan in a timely manner. If the department approves
the action plan of an affected county, the department may enter into
a contract with that county. The department shall consider the
recommendation of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. An action plan approved by the board prior to January 1,
2003, is deemed sufficient to comply with this section.
   (iv) The department shall utilize a portion of the funds to be
expended pursuant to this subparagraph to contract with affected
counties for activities designed to restore oak trees in areas that
have been affected by sudden oak death. An affected county may apply
to the department for these funds, and provide the department with an
action plan for the restoration of affected trees within its
jurisdiction. The department shall approve or deny an affected county'
s action plan in a timely manner. If the department approves the
action plan of an affected county, the department may enter into a
contract with that county. The department shall consider the
recommendations of the task force prior to approving or denying a
county action plan and prior to entering into a contract under this
clause. The department may reallocate to other sudden oak death
management activities authorized under this section any amount
allocated under this subdivision and not expended within one year
after the date it was originally allocated.
   (C) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
research activities, including, but not limited to, research on
forest pathology and Phytophthora ecology, forest insects associated
with oak decline, urban forestry and arboriculture, forest ecology,
fire management and silviculture, genetic resistance, ecosystem
impacts, and landscape ecology, epidemiology, and monitoring
techniques.
   (D) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on
education activities, including, but not limited to, support for two
regional education project coordinators, one public information
officer, Internet Web site design and maintenance training, and
development and distribution of educational materials on sudden oak
death for homeowners, arborists, urban foresters, park managers,
public works personnel, utility crews, recreationists, nursery
workers, landscapers, naturalists, and firefighting personnel.
   (E) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary on fire
protection and prevention activities, including, but not limited to,
assessing fire risk in heavily impacted areas, inspecting property
to encourage increased clearing of vegetation in heavily infested
areas and to mitigate the fire risk, producing and distributing
safety information for firefighters working in areas affected by
sudden oak death, and treating vegetation to prevent fire.
   (F) Of the amount to be expended pursuant to this subdivision, the
department may expend the amount of funds it deems necessary to fund
administrative activities necessary to oversee the activities listed
in subparagraphs (A) to (E), inclusive, including, but not limited
to, an overall statewide task force coordinator, miscellaneous
expenses associated with the operation of the task force, and staff
of the department to carry out contract preparation, administration,
and fiscal audits of contract expenditures.
   (b) Of the amount to be expended under this section, the
department may allocate funds to the Department of Food and
Agriculture for regulatory activities, including, but not limited to,
nursery surveys and other regulatory enforcement activities
performed by agricultural commissioners, diagnostic services, and
public agency coordination efforts. Of the amount allocated to be
expended under this subdivision, the department may expend the amount
of funds it deems necessary to fund administrative activities
necessary to oversee the activities listed in this subdivision.


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