2007 California Public Resources Code Chapter 2. Urban Forestry

CA Codes (prc:4799.06-4799.12)

4799.06.  This chapter shall be known and may be cited as the
California Urban Forestry Act of 1978.



4799.07.  The Legislature finds and declares that:
   (a) Trees serve as a vital resource in the urban environment and
as an important psychological link with nature for the urban dweller.

   (b) Trees are a valuable economic asset in our cities.  They help
maintain or increase property values and attract business and new
residents in urban areas.
   (c) Trees play an important role in energy conservation by the
modification of temperature extremes, humidity, and winds.  This role
is particularly important in reducing the amount of energy consumed
in heating and cooling buildings and homes, and potentially in
producing a local fuel and energy source.
   (d) Trees directly reduce air pollution by removing airborne
particulates from the atmosphere and helping to purify the air.
   (e) Trees also help reduce noise, provide habitat for songbirds
and other wildlife, reduce surface runoff and protect urban water
resources, and enhance the aesthetic quality of life in the city.
   (f) Growing conditions in urban areas for trees and associated
plants have worsened so that many California cities are now losing
more trees than are replaced.



4799.08.  The purpose of this chapter is to:
   (a) Arrest the decline of our urban forest resources, facilitate
the planting of trees in the city, and improve the quality of the
environment in urban areas  through establishment and improved
management of urban forest resources.
   (b) Facilitate the creation of permanent jobs in tree maintenance
and related urban forestry activities in neighborhood, local, and
regional urban areas.
   (c) Maximize the potential of tree and vegetative cover in
reducing energy consumption and producing fuel and other products.
   (d) Encourage the coordination of state and local agency
activities in urban forestry and related programs and encourage
maximum citizen participation in their development and
implementation.
   (e) Prevent the introduction and spread within this state of the
Dutch elm disease caused by the fungus Ceratocystis ulmi and to
reduce or eliminate the loss of elm trees resulting from the disease.

   (f) Prevent infestations and spread of pine pitch canker within
this state, and to reduce the loss of pine trees resulting from the
pitch canker disease.



4799.09.  As used in this chapter:
   (a) "Urban forestry" means the cultivation and management of trees
in urban areas for their present and potential contribution to the
physiological, sociological, and economic well-being of urban
society.
   (b) "Urban forest" means those native or introduced trees and
related vegetation in the urban and near-urban areas including, but
not limited to, street trees, park trees, residential trees, natural
riparian habitats, and trees on other private and public properties.

   (c) "Urban area" means an urban place, as that term is defined by
the United States Department of Commerce, of 2,500 or more persons.




4799.10.  (a) The department may implement a program in urban
forestry to encourage better tree management and planting in urban
areas, to assist the cities in seeking innovative solutions to
problems such as tree maintenance and vandalism, to encourage
demonstration projects to maximize the benefits of urban forests, and
to otherwise accomplish the purposes of this chapter.
   The department shall assume the primary responsibility in carrying
out the intent of this chapter in cooperation with other private and
public entities or persons and appropriate local, state, and federal
agencies such as the Cooperative Extension, the Department of Parks
and Recreation, the Department of Transportation, resource
conservation districts, and the United States Forest Service.
   (b) The department shall be the agent of the state and shall have
full power to cooperate with those agencies of the federal government
which have powers and duties concerning urban forestry, and shall
perform all things necessary to secure for this state the benefits of
federal urban forestry programs.
   To facilitate implementation of this chapter, the director may
enter into agreements and contracts with any public or private
organization including local agencies having forestry-related
jurisdictional responsibilities and established and operating urban
forestry programs.  The director shall consult with those agencies
when carrying out this chapter in their respective areas.
   (c) The director shall take all steps necessary to prevent or
retard the introduction, establishment, and spread of the Dutch elm
disease including the detection and removal of infected and
high-hazard elm trees.
   (d) The director may enter into agreements with any local agency
to prevent or retard the introduction, establishment, and spread of
the eucalyptus longhorn borer and pine pitch canker, including the
detection and removal of infected and high-hazard eucalyptus and pine
trees.  The agreements shall assure that the department will not
need additional funds to participate in the program.
   (e) The department and the Department of Food and Agriculture
shall cooperate in setting quarantine boundary lines and in enforcing
the provisions relating to quarantine and pest abatement contained
in Division 4 (commencing with Section 5001) of the Food and
Agricultural Code when a quarantine is established with regard to the
Dutch elm disease.
   (f) The department may use available recipients of the Aid to
Families with Dependent Children or General Assistance Program who
are participating in state or county work experience programs for
carrying out the purposes of this chapter.  The participation of
registrants for the Greater Avenues of Independence program, under
Article 3.2 (commencing with Section 11320) of Chapter 2 of Part 3 of
Division 9 of the Welfare and Institutions Code, shall be consistent
with their participant contract requirements.  Persons being used by
the department pursuant to this subdivision shall not be in the same
crew as persons being used pursuant to subdivision (g).
   (g) Whenever it is feasible to do so, the department may utilize
inmates and wards assigned to conservation camps in implementing this
chapter.


4799.11.  (a) The department shall provide technical assistance to
urban areas with respect to:
   (1) Planning for regional, county, and local land use analysis
projects related to urban forestry.
   (2) Preparation of urban tree plans and the selection of trees in
large-scale landscaping and reforestation efforts.
   (3) Development and coordination of training programs for
neighborhood and local agency tree planting and maintenance crews.
   (4) Advice to cities, counties, districts, and regional entities,
homeowner neighborhood groups, and nonprofit organizations on tree
disease, insect problems, tree planting, and maintenance.
   (5) The role of forest ecology in planning for the future of urban
areas, including air quality, watershed problems, and energy
conservation.
   (6) Retention of native trees and riparian habitats.
   (7) Any other matter relating to the purposes of this chapter.
   (b) The department and other state agencies are also authorized to
assist local tree maintenance programs by making surplus equipment
available on loan where feasible for regional and local urban
forestry, including nonprofit organizations involved in urban tree
care.


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 project cost for projects meeting
guidelines established by the board upon recommendation by the
director.  The board shall establish such guidelines by December 31,
1979.  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, as well as funds.  Authorized
assistance shall include:
   (a) Funding for development of urban tree plans which include
coordination of local agency efforts and citizen involvement.
   (b) Provision of seedling and tree stock.
   (c) Funding and other assistance for demonstration projects in
urban forestry with special attention given to energy conservation
and wood and fiber utilization projects.
   (d) Other categories of projects recommended by the director and
approved by the board.