BILL NUMBER: AB 1356 CHAPTERED 09/29/05 CHAPTER 408 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2005 APPROVED BY GOVERNOR SEPTEMBER 29, 2005 PASSED THE ASSEMBLY AUGUST 29, 2005 PASSED THE SENATE AUGUST 22, 2005 AMENDED IN SENATE AUGUST 15, 2005 AMENDED IN SENATE JUNE 15, 2005 AMENDED IN SENATE JUNE 9, 2005 AMENDED IN ASSEMBLY APRIL 20, 2005 INTRODUCED BY Assembly Member Berg FEBRUARY 22, 2005 An act to amend Sections 4143 and 4144 of the Public Resources Code, relating to forestry and fire protection. LEGISLATIVE COUNSEL'S DIGEST AB 1356, Berg Department of Forestry and Fire Protection: cooperative agreements: fire suppression. (1) Existing law prohibits personnel or equipment from being assigned to any location or pursuant to a cooperative agreement if the assignment would not meet policy and standards established by the State Board of Forestry and Fire Protection, that are designed to meet specified objectives, including, among other things, that the striking force and efficiency of the Department of Forestry and Fire Protection in its primary mission of wild land fire protection will not be reduced or impaired. This bill would revise that objective to specify that the striking force and efficiency of the department in its primary mission of wild land fire protection, as well as response to major fires or other natural disasters will not be reduced or impaired. (2) Existing law requires the normal assignment of fire resources of the Department of Forestry and Fire Protection to southern California during periods of critical fire weather conditions or during major wild land fires to not be impaired and to receive priority over agreements with counties. This bill would extend that requirement to the normal assignment of fire resources throughout California rather than just to southern California. (3) Existing law authorizes the Director of Forestry and Fire Protection, with the approval of the Department of General Services, to enter into a cooperative agreement with a county or special district for the purpose of preventing and suppressing forest fires or other fires within any county or special district that so requests under those terms and conditions that the director deems wise. This bill would also authorize the director to enter into those cooperative agreements with a person, firm, association, corporation, or other political subdivision of the state for the purpose of preventing and suppressing fires. (4) Existing law prohibits the director from entering into or renewing a cooperative agreement pursuant to those provisions in specified circumstances. This bill would revise the circumstances under which the director is prohibited from entering into or renewing a cooperative agreement, as provided. (5) Existing law requires that a cooperative agreement provide, for a specified cost apportionment and for the efficient utilization of necessary fire prevention and suppression-related equipment, personnel, and buildings that are located in or immediately adjacent to the state responsibility area during that period of the year commonly designated as the "nonfire season." This bill would revise those provisions and would require the cooperative agreement to include a provision relating to the staffing level on all fire prevention and suppression vehicles. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 4143 of the Public Resources Code is amended to read: 4143. The Legislature hereby finds and declares that the maintenance of the economic well-being of the state and the public health and safety require that the state, through the department, obtain full utilization of all equipment, personnel, and buildings under the jurisdiction of the director. In order to obtain these benefits, the director, in accordance with policy determined by the board, may provide personnel for and operate those fire stations, statewide, as the director deems necessary to provide the best possible fire prevention and suppression. Personnel or equipment shall not be assigned to any location or assigned pursuant to Section 4144 if that assignment would not meet policy and standards established by the board. The policy and standards shall be designed to ensure all of the following: (a) The striking force and efficiency of the department in its primary mission of wild land fire protection, as well as response to major fires or other natural disasters will not be reduced or impaired. (b) The department will not need any additional funds to operate its program. (c) Personnel and equipment assigned pursuant to Section 4144 will not replicate services provided under an agreement made pursuant to Section 4142. The normal assignment of fire resources of the department throughout California during periods of critical fire weather conditions or during major wild land fires shall not be impaired and shall receive priority over agreements made with counties pursuant to Section 4144. SEC. 3. Section 4144 of the Public Resources Code is amended to read: 4144. (a) Notwithstanding Section 4142, the director may, with the approval of the Department of General Services, enter into a cooperative agreement with a city, county, special district, or other political subdivision of the state, or person, firm, association, or corporation for the purpose of preventing and suppressing fires that requests an agreement, under those terms and conditions that the director deems wise. (b) The director shall not enter into or renew a cooperative agreement pursuant to this section under any of the following circumstances: (1) With any county that has assumed responsibility pursuant to Section 4129. (2) If the land to be protected is not in proximity to, nor within lands classified by the board pursuant to Section 4125 as, a state responsibility area. For the purposes of this paragraph, "proximity" means within a distance from an existing facility that results in a response time established by the board that is not longer than that used by the department in meeting its state wild land fire protection mission. (3) The director determines that the agreement would significantly reduce existing fire prevention and suppression service levels. (4) The director determines, pursuant to the policy and standards adopted by the board under Section 4143, that the agreement would replicate services provided under an agreement made pursuant to Section 4142. (5) The director determines that the service area of a particular station under the agreement is more appropriately served under an agreement made pursuant to Section 4142. (c) The cooperative agreement shall provide all of the following: (1) The department shall ensure that a staffing level, mutually agreeable to the parties to the agreement, is maintained on all fire prevention and suppression vehicles. (2) The personnel, equipment, and buildings utilized shall be limited to those used to protect state responsibility areas. Whenever the cooperative agreement provides for the employment of personnel during the "nonfire season" who would be in addition to the personnel required for the necessary operation and maintenance of equipment and buildings under the jurisdiction of the director, the full salaries and all benefits of the additional personnel shall be apportioned, as costs to the city, county, special district, or other political subdivision of the state, or person, firm, association, or corporation that contracts with the department pursuant to the cooperative agreement for fire protection. (3) A cost apportionment between the state and the city, county, special district, or other political subdivision of the state, or person, firm, association, or corporation that contracts with the state for fire protection that reasonably reflects cost apportionments made pursuant to Section 4141 or 4142, except that the contracting city, county, special district, other political subdivision of the state, or contracting person, firm, association, or corporation shall be apportioned the additional cost for extended staff availability for 24-hour emergency response, for state personnel assigned to staff fire engines at a rate determined annually by the director, plus staff benefit costs attributable to the apportionment, and total unplanned overtime pay. The department shall recover its actual additional costs.