BILL NUMBER: SB 1617 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2008
AMENDED IN SENATE MARCH 24, 2008
INTRODUCED BY Senator Kehoe
FEBRUARY 22, 2008
An act to add Chapter 1.5 (commencing with Section 4210) to Part 2
of Division 4 of the Public Resources Code, relating to public
resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1617, as amended, Kehoe. State responsibility areas:
fire-related benefit fees.
(1) Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas.
This bill would place a fee on developers of buildings and
structures in state responsibility areas to be collected by the
appropriate local agency when the building permit is issued. Because
this bill would require local governments to collect these fees, it
would impose a state-mandated local program.
This bill would require the board to adopt emergency regulations
to establish a fee for fire-related services to be charged to an
owner of a building or structure within a state responsibility area.
The fee would be based on the fire hazard severity zone in which the
building or structure is located, and include a specified amount to
cover the county's costs for levying and collecting the fee. The bill
would specify the minimum fees to be imposed. The fee for an owner
would be reduced if the owner complies with certain requirements. The
fees also would be reduced communitywide by an amount set by the
board if the board determines that the appropriate local land use
authority has met certain conditions. The fees would be eliminated
communitywide if the board determines that there is sufficient
structural fire protection service already provided by a county or
special district, and the fees would be eliminated for an owner if
the department determines the improvements to the land do not require
fire protection services beyond those provided to otherwise
unimproved land.
This bill would require that property tax bills for the year
2009-10 issued for all lands in the state responsibility areas that
have improvements valued at $100,000 or more include the appropriate
minimum fire protection and prevention benefit fee established by the
board. For property tax bills for the year 2010-11, if the
Department of Forestry and Fire Protection, upon inspection, finds a
home or structure exists that would require structural fire
protection services beyond those provided to otherwise unimproved
lands, the department would be required to notify the county to have
the appropriate benefit fee included in the annual property tax bill.
This would be retroactive to the 2009-10 tax year. If, upon
inspection, the department finds that the improved lands do not
include a building or structure that requires fire protection
services beyond those provided to otherwise unimproved lands, the
department would be required to notify the county to remove the
benefit fee from the property tax bill.
The bill would require local governments to collect the benefit
fees, as prescribed, thereby imposing a state-mandated local program.
The bill would also require the board to increase the amount of the
benefit fees collected through property tax bills, in an amount to
cover the county's costs for levying and collecting the benefit fees.
The county would be authorized to retain the portion of the fee
authorized by the board.
The bill would create the State Responsibility Area Fire
Protection and Prevention Fund and would require the fees collected
to be deposited in the fund, to be available, upon appropriation by
the Legislature, for fire prevention and suppression activities and
support of the board in those activities within the applicable state
responsibility area, with a priority on activities that improve fire
prevention and fire risk reduction. At least 50% of the moneys
appropriated would be required to be allocated to fire prevention
activities.
The bill would require that the fees collected be adjusted yearly
to reflect the percentage of change in the average annual value of
the Implicit Price Deflator for State and Local Government Purchases
of Goods and Services for the United States, as calculated by the
United States Department of Commerce for the 12-month period in the
3rd quarter of the prior calendar year, as reported by the Department
of Finance, and that the fees not exceed the reasonable cost of
covering the county's cost of collection and of providing
fire-related services to an owner of a building or structure in an
applicable state responsibility area.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.5 (commencing with Section 4210) is added to
Part 2 of Division 4 of the Public Resources Code, to read:
CHAPTER 1.5. STATE RESPONSIBILITY AREA FIRE-RELATED BENEFIT
FEES
4210. The Legislature finds and declares the following:
(a) Fire protection of the public trust resources on unimproved
lands in the state responsibility areas remains a vital interest to
the state. Unimproved lands covered in whole or in part by a diverse
plant community prevent excessive erosion, retard runoff, reduce
sedimentation, and accelerate water percolation to maintain critical
sources of water for the environment, irrigation, domestic, or
industrial uses.
(b) The presence of homes and other structures, including
those under construction, within state responsibility
areas poses an added burden to the state's firefighting resources,
the incremental cost of which should be borne by the owners of these
homes and structures.
(c) Individual owners of improved property within state
responsibility areas receive a disproportionate benefit, that is
greater than that realized by the state's citizens generally, from
fire prevention and suppression services provided by the state.
(d) In most cases, local firefighting entities are available to
provide structural fire protection within state responsibility areas.
It is not the intent of the Legislature to substitute the state's
firefighting capability for these existing services or to supplant
them. However, these entities often do not possess sufficient
equipment, personnel, and other necessary resources to meet the
demand placed upon them in the event of large fires, and the state
must at times provide additional firefighting resources to protect
structures.
(e) It is the intent of the Legislature to provide for the
equitable distribution of the economic burden of fire prevention and
suppression in state responsibility areas among the citizens of the
state who generally benefit from those activities and those
landowners who receive a specific benefit other than that general
benefit.
(f) It is necessary to impose a fee based upon the reasonable
value of the specific benefit received by landowners within state
responsibility areas. Furthermore, the fire hazard severity zone
level where a building or structure is located constitutes a
reasonable relationship to fire prevention and suppression benefits
received.
(g) County tax bills for landowners are currently not uniform.
Therefore, the addition of these fees will not be burdensome on a
county. In order to limit the amount of overhead a county may incur
for the first year, for the purposes of this chapter, bills for these
fees will be sent to owners of improved property with improvements
valued at one hundred thousand dollars ($100,000) or more.
(h) Imposition of these fees is necessary to sustain service
levels associated with fire protection and prevention and to maintain
the ability to provide state assistance under various mutual aid
arrangements.
(i) All revenues generated by state responsibility area
fire-related benefit fees imposed under this chapter, and used for
the purposes for which they are imposed, are not proceeds of taxes
subject to Article XIII B of the California Constitution.
(j) This chapter does not require the state to provide fire
prevention and suppression services beyond those set forth in this
chapter.
4211. The State of California shall assess a fire prevention and
protection fee on the construction of buildings and structures within
a state responsibility area when the building permit is issued. A
fee of ____ dollars ($____) shall be collected by the appropriate
local agency, comparable to sewer and water connection fees levied on
a development.
4212. 4211. (a) (1) A 2009-10
property tax bill issued by a county auditor for land in a state
responsibility area that has improvements valued at one hundred
thousand dollars ($100,000) or more shall include the appropriate
minimum fire protection and prevention benefit fee established in
paragraph (1) of subdivision (d).
(2) For a property tax bill issued for 2010-11, if, upon
inspection pursuant to Section 4119, the department finds that a home
or structure exists that would require structural fire protection
services beyond those provided to otherwise unimproved lands, the
department shall notify the county auditor to have the appropriate
benefit fee included in the annual property tax bill. The department
shall assess a benefit fee on land with structures retroactive to the
2009-10 tax year.
(3) If, upon inspection pursuant to Section 4119, the department
finds that the improved lands do not include a building or structure
that requires fire protection services beyond those provided to
otherwise unimproved lands, it shall notify the county auditor to
remove the benefit fee from the property tax bill.
(b) (1) On or before January 1, 2009, the board shall adopt
emergency regulations to establish a fee to be charged to any owner
of a building or structure within a state responsibility area. The
fees shall be developed in consultation with the department and the
Office of the State Fire Marshal.
(2) The emergency regulations adopted pursuant to paragraph (1)
shall be adopted in accordance with the Administrative Procedures Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). The adoption of emergency
regulations shall be deemed an emergency and necessary for the
immediate preservation of the public peace, health, and safety, or
general welfare.
(c) (1) The fee shall be established consistent with subdivision
(d) at a level commensurate with the fire-related services that are
provided for buildings and structures in developed areas within a
state responsibility area, including, but not limited to, fire
prevention, structural fire suppression, rescue, first aid, and other
emergency services attributable to the presence of buildings and
structures within the state responsibility area.
(2) The fee shall include a specified amount to cover the county's
costs for levying and collecting the benefit fee.
(d) The fee charged to the owner of a building or structure
subject to this chapter shall be calculated as follows:
(1) A base service fee shall be established based on the fire
hazard severity zone level, as determined by the board pursuant to
Section 4202, where the building or structure is located.
(2) At a minimum, base fees shall be as follows:
(A) In a low fire hazard severity zone, ____ dollars ($____).
(B) In a medium fire hazard severity zone, _____ dollars ($____).
(C) In a high fire hazard severity zone, ____ dollars ($____).
(D) In a very high fire hazard severity zone, _____ dollars
($____).
(e) (1) The board's regulations shall include criteria by which a
building or structure owner shall qualify to receive a reduction in
the base fee by meeting guidelines that reduce the building's or
structure's potential fire hazard. Compliance with the criteria shall
be certified by the department in an inspection performed pursuant
to authority granted by Section 4119, before the annual reduction is
granted no later than June 15 of each year. The base fee shall not be
reduced below a minimum of one hundred dollars ($100), except as
provided in paragraphs (4) and (5).
(2) The criteria for fee reductions for an owner of an individual
building or structure shall include fire risk reducing guidelines in
the following categories:
(A) Maintenance of defensible space around the building or
structure, as required by Section 4291.
(B) (i) Full compliance of a building or structure with the
California Building Code with respect to materials and construction
methods for exterior wildfire exposure (Chapter 7A (commencing with
Section 701A.1) of Title 24 of the California Code of Regulations).
(ii) Retrofit of an existing structure to bring it into full
compliance with the most current version of the California Building
Code with respect to materials and construction methods for exterior
wildfire exposure (Chapter 7A (commencing with Section 701A.1) of
Title 24 of the California Code of Regulations).
(3) The fee charged to an owner of a building or structure within
an appropriate local jurisdiction providing fire protection services
shall be reduced communitywide by an amount set by the board if the
board determines that all of the following conditions have been met:
(A) The appropriate local land use authority is in compliance with
fire prevention related planning laws, including Section 65302.5 of
the Government Code, in regard to the safety element of the county's
or city's general plan.
(B) The appropriate local land use authority has made structural
community investments to assist with fire response.
(4) The fee charged to an owner of a building or structure within
an appropriate local jurisdiction shall be eliminated communitywide
if the board determines that there is sufficient structural fire
protection already being provided by a county or special district.
(5) The department, consistent with those regulations adopted by
the board, shall eliminate the fee if the department determines the
improvements to the land do not require fire protection services
beyond those provided to otherwise unimproved lands.
4213. 4212. (a) The department
shall notify the county auditor by August 10 of each year of the fee
and specify the fee to be included in the annual property tax bills
issued by the county.
(b) The fee shall be collected by each county in the same manner
and at the same time as secured property taxes. The county collecting
the benefit fees may retain the portion of the fee authorized by the
board pursuant to Section 4212 4211 to
cover the county's reasonable cost of levying and collecting the
fee.
(c) All laws relating to the levy, collection, and enforcement of
county taxes apply to the benefit fees imposed pursuant to this
chapter.
4214. 4213. A county auditor shall,
in the same manner and time as secured property taxes are
distributed in each county, remit all fees, except that portion
retained pursuant to Section 4213 4212
, to the Treasurer for deposit in the State Responsibility Area Fire
Protection and Prevention Fund established pursuant to Section
4215 4214 .
4215. 4214. (a) Fees collected
pursuant to this chapter shall be deposited into the State
Responsibility Area Fire Protection and Prevention Fund, which is
hereby created in the State Treasury.
(b) Moneys in the fund shall be available, upon appropriation by
the Legislature, for fire prevention and suppression activities and
support of the board for those activities in the applicable state
responsibility area, with a priority on activities that improve fire
prevention and fire risk reduction, including, but not limited to,
cost-share agreements with owners of improved property within state
responsibility areas that may be at risk from dead, diseased, or
dying trees, including those damaged by bark beetle infestations or
sudden oak death.
(c) At least 50 percent of the moneys appropriated from the fund
shall be allocated to fire prevention activities.
4216. 4215. (a) On January 1 of
each year, the board shall adjust the fees imposed pursuant to this
chapter to reflect the percentage of change in the average annual
value of the Implicit Price Deflator for State and Local Government
Purchases of Goods and Services for the United States, as calculated
by the United States Department of Commerce for the 12-month period
in the third quarter of the prior calendar year, as reported by the
Department of Finance.
(b) Notwithstanding any other provision of this chapter, the fee
charged pursuant to this chapter shall not exceed the reasonable cost
of covering the county's cost of collecting the fee and of providing
fire-related services to an owner of a building or structure in an
applicable state responsibility area, and the fee shall bear a fair
and reasonable relation to the fire prevention and suppression
services provided to that owner.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.