BILL NUMBER: AB 1128 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Brownley
FEBRUARY 27, 2009
An act to amend Sections 8589.11, 8589.12, 8589.13, 8589.14,
8589.15, 8589.16, 8589.17, 8589.18, 8589.19, 8589.20, 8589.21, and
8589.22 of, and to add Article 5.6 (commencing with Section 8589.25)
to Chapter 7 of Division 1 of Title 2 of the Government Code,
relating to emergency services, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1128, as introduced, Brownley. Emergency services: fire
engines.
Existing law, the State Assistance for Fire Equipment Act,
authorizes the California Emergency Management Agency to acquire new
or used firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
This bill would require the Secretary of California Emergency
Management to acquire 131 fire engines to augment its existing fleet
and to assign the fire engines to governmental fire protection
agencies in this state pursuant to a written agreement containing
specified terms. This bill would allow a local agency, as defined, to
donate its used fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by the secretary, and
require the secretary to make those donated fire engines available to
a fire suppression agency that serves a rural area or community.
This bill would make an appropriation by transferring specified funds
from the Federal Trust Fund to the secretary for the purposes of
these provisions, to the extent authorized under federal law.
The bill would express the Legislature's intent to create and fund
an expenditure plan for the California Department of Forestry and
Fire Protection to replace, augment, and upgrade its fire engine
fleet and its emergency equipment.
This bill would also make technical, conforming changes to reflect
the new name of the California Emergency Management Agency that is
under the supervision of the Secretary of California Emergency
Management.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
AB 1128, as introduced, Brownley. Emergency services: fire
engines.
Existing law, the State Assistance for Fire Equipment Act,
authorizes the California Emergency Management Agency to acquire new
or used firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
This bill would require the Secretary of California Emergency
Management to acquire 131 fire engines to augment its existing fleet
and to assign the fire engines to governmental fire protection
agencies in this state pursuant to a written agreement containing
specified terms. This bill would allow a local agency, as defined, to
donate its used fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by the secretary, and
require the secretary to make those donated fire engines available to
a fire suppression agency that serves a rural area or community.
This bill would make an appropriation by transferring specified funds
from the Federal Trust Fund to the secretary for the purposes of
these provisions, to the extent authorized under federal law.
The bill would express the Legislature's intent to create and fund
an expenditure plan for the California Department of Forestry and
Fire Protection to replace, augment, and upgrade its fire engine
fleet and its emergency equipment.
This bill would also make technical, conforming changes to reflect
the new name of the California Emergency Management Agency that is
under the supervision of the Secretary of California Emergency
Management.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
AB 1128, as introduced, Brownley. Emergency services: fire
engines.
Existing law, the State Assistance for Fire Equipment Act,
authorizes the California Emergency Management Agency to acquire new
or used firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
This bill would require the Secretary of California Emergency
Management to acquire 131 fire engines to augment its existing fleet
and to assign the fire engines to governmental fire protection
agencies in this state pursuant to a written agreement containing
specified terms. This bill would allow a local agency, as defined, to
donate its used fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by the secretary, and
require the secretary to make those donated fire engines available to
a fire suppression agency that serves a rural area or community.
This bill would make an appropriation by transferring specified funds
from the Federal Trust Fund to the secretary for the purposes of
these provisions, to the extent authorized under federal law.
The bill would express the Legislature's intent to create and fund
an expenditure plan for the California Department of Forestry and
Fire Protection to replace, augment, and upgrade its fire engine
fleet and its emergency equipment.
This bill would also make technical, conforming changes to reflect
the new name of the California Emergency Management Agency that is
under the supervision of the Secretary of California Emergency
Management.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
AB 1128, as introduced, Brownley. Emergency services: fire
engines.
Existing law, the State Assistance for Fire Equipment Act,
authorizes the California Emergency Management Agency to acquire new
or used firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
This bill would require the Secretary of California Emergency
Management to acquire 131 fire engines to augment its existing fleet
and to assign the fire engines to governmental fire protection
agencies in this state pursuant to a written agreement containing
specified terms. This bill would allow a local agency, as defined, to
donate its used fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by the secretary, and
require the secretary to make those donated fire engines available to
a fire suppression agency that serves a rural area or community.
This bill would make an appropriation by transferring specified funds
from the Federal Trust Fund to the secretary for the purposes of
these provisions, to the extent authorized under federal law.
The bill would express the Legislature's intent to create and fund
an expenditure plan for the California Department of Forestry and
Fire Protection to replace, augment, and upgrade its fire engine
fleet and its emergency equipment.
This bill would also make technical, conforming changes to reflect
the new name of the California Emergency Management Agency that is
under the supervision of the Secretary of California Emergency
Management.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
AB 1128, as introduced, Brownley. Emergency services: fire
engines.
Existing law, the State Assistance for Fire Equipment Act,
authorizes the California Emergency Management Agency to acquire new
or used firefighting apparatus and equipment and to resell it to
local agencies providing fire suppression services.
This bill would require the Secretary of California Emergency
Management to acquire 131 fire engines to augment its existing fleet
and to assign the fire engines to governmental fire protection
agencies in this state pursuant to a written agreement containing
specified terms. This bill would allow a local agency, as defined, to
donate its used fire engines in exchange for receiving a priority in
assignment of the new fire engines acquired by the secretary, and
require the secretary to make those donated fire engines available to
a fire suppression agency that serves a rural area or community.
This bill would make an appropriation by transferring specified funds
from the Federal Trust Fund to the secretary for the purposes of
these provisions, to the extent authorized under federal law.
The bill would express the Legislature's intent to create and fund
an expenditure plan for the California Department of Forestry and
Fire Protection to replace, augment, and upgrade its fire engine
fleet and its emergency equipment.
This bill would also make technical, conforming changes to reflect
the new name of the California Emergency Management Agency that is
under the supervision of the Secretary of California Emergency
Management.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated 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) Over 50 years ago, the federal government established a
program to match state and local funds for the purchase of fire and
rescue apparatus and equipment. In doing so, the federal government
recognized that no single fire department could afford to purchase
and maintain sufficient fire and rescue apparatus to combat a major
disaster or war-caused conflagration.
(b) In 1953 and 1954, the state, through the Governor's Office of
Emergency Services, now known as the California Emergency Management
Agency (Cal EMA), implemented the recommendations of the Governor's
Fire Advisory Committee and, using federal matching funds, purchased
100 fire engines, and assigned them, by written agreement, to local
governments throughout the state.
(c) For five decades, local government assignees have been
permitted to use the Cal EMA fire engine fleet for mutual aid
response, local multiple alarm fires, temporary replacement for
out-of-service fire apparatus, firefighter training activities, and
other local governmental needs. Each assignee is required to dispatch
the Cal EMA fire engines with the requisite personnel to any
emergency in accordance with provisions of the Master Mutual Aid
Agreement.
(d) In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established to
examine the devastating effects of the fires in an effort to prevent
similar devastation of life and property in the future.
(e) The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having available
personnel capable of responding to fires, most lacked the additional
equipment required for such a response. To this end, the commission
recommended that the state develop, among other things, a program to
fund the acquisition of 150 additional Cal EMA fire engines. The
commission also recommended that the state begin replacing and
diversifying the aging fire engine fleet maintained by the Department
of Forestry and Fire Protection.
(f) In 2007, amidst yet another 100-year firestorm in southern
California, only 19 of the 150 Cal EMA fire engines recommended for
purchase by the commission had actually been purchased. While our
state's firefighting force stood ready and able to attack the fires,
state and local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating impact of
the fires by deploying a more rapid and powerful response.
(g) Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that assistance is
needed to enable Cal EMA to purchase additional fire engines for
state and local emergency response use.
(h) It is in the public's interest for the state to implement the
recommendation made by the commission and, in doing so, rapidly build
upon its existing fire engine fleet for use in mitigating the
effects of all forms of disasters, including terrorist acts, and
major fires, floods, and earthquakes.
SEC. 2. Section 8589.11 of the Government Code is amended to read:
8589.11. The office agency may
acquire new or used firefighting apparatus and equipment for resale
to local agencies. If the apparatus or equipment is in a used
condition, the office agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's
agency's cost of acquisition, repairing,
refurbishing, and associated indirect expenses.
SEC. 3. Section 8589.12 of the Government Code is amended to read:
8589.12. If a state agency, including the office
agency , proposes to make firefighting apparatus
or equipment which that is currently
owned and operated by the state available to the office
agency for use under this article, the
Department of General Services shall determine whether there is any
immediate need by any state agency for the apparatus or equipment. If
there is no immediate need, the Department of General Services shall
release the apparatus or equipment to the office
agency . If the office agency
acquires firefighting apparatus or equipment from another state
agency, the office agency shall pay
the fair market value of the apparatus or equipment, as determined by
the Department of General Services, unless the other state
agency agrees to a lesser payment.
SEC. 4. Section 8589.13 of the Government Code is amended to read:
8589.13. (a) The office agency
shall give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural area,
and is authorized to contract with a local agency that serves a rural
area for this purpose. The office agency
shall give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency. If after
reasonable efforts by the office agency
to sell new or used firefighting apparatus and equipment to any local
agency, and not less than 90 days after providing notice to these
local agencies, the office agency may
sell any remaining firefighting apparatus and equipment to public
agencies outside of California, the federal government, and Indian
tribes, subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office
agency may insure the other loan.
SEC. 5. Section 8589.14 of the Government Code is amended to read:
8589.14. The office agency shall
operate an information system which that
is capable of identifying firefighting apparatus and equipment
which that is available for
acquisition, and local agencies which that
are interested in acquiring apparatus and equipment.
SEC. 6. Section 8589.15 of the Government Code is amended to read:
8589.15. The office agency may
contract with the Prison Industry Authority to perform any of the
responsibilities or services required or authorized by this article.
SEC. 7. Section 8589.16 of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office
agency for the purposes of Sections 8589.11 and 8589.13.
All proceeds from the resale of firefighting apparatus and equipment
shall be paid to the account. The office
agency shall manage the account so that it is self-sustaining
by the 1992-93 fiscal year.
SEC. 8. Section 8589.17 of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office
agency .
SEC. 9. Section 8589.18 of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office
agency may either renegotiate the contract or
take possession of the apparatus or equipment for subsequent resale
to another local agency.
SEC. 10. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director
secretary shall adopt rules and regulations governing the
operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which that may be acquired,
rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which
that shall give preference to local agencies
which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 11. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office agency in
implementing the programs created by this article.
SEC. 12. Section 8589.21 of the Government Code is amended to
read:
8589.21. The director secretary
shall be responsible for the programs created by this article which,
except as provided by Sections 8589.12 and 8589.15, shall not be
subject to the requirements of the State Equipment Council or the
Office of Fleet Administration of the Department of General Services.
SEC. 13. Section 8589.22 of the Government Code is amended to
read:
8589.22. The director secretary
shall report to the Legislature every two years, commencing January
1, 1990, regarding the status of the programs created by this
article.
SEC. 14. Article 5.6 (commencing with Section 8589.25) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 5.6. The Fire Response and Rescue Act of 2009
8589.25. (a) This article shall be known and may be cited as the
Fire Response and Rescue Act of 2009.
(b) The definitions in Section 8589.10 apply to this article.
(c) For purposes of this article, "fire protection agency" shall
mean a governmental fire protection agency of this state.
8589.26. (a) The secretary shall acquire 131 additional fire
engines to augment the agency's existing fleet of fire engines to be
used in mitigating the effects of terrorist acts, fires, floods,
earthquakes, or other disasters.
(b) The secretary shall assign the fire engines acquired pursuant
to this article to any fire protection agency. The secretary's
determination of assignment shall be based upon whether the fire
protection agency is capable of providing the appropriate facilities,
maintenance, and personnel for a fire engine assigned to it.
(c) The assignment of fire engines shall be made pursuant to a
written agreement between the secretary and the fire protection
agency. The agreement shall require the fire protection agency to
assume responsibility for the operation, maintenance, and staffing of
the fire engines assigned to it and to agree to other terms
determined by the secretary, including, but not limited to, the right
of the secretary to dispatch a fire engine together with the
required personnel from the fire protection agency to which the fire
engine is assigned.
(d) The secretary shall assign or reassign fire engines in a
manner that promotes rapid mobilization, organization, and operation
of the fire engines within strategically located geographic regions
of the state, to the extent reasonably possible.
(e) A local agency may donate its used fire engines for the
purposes of Section 8589.11 in exchange for assignment priority for a
new fire engine acquired by the agency under subdivision (a).
(f) The secretary shall make used, repaired, or refurbished fire
engines, donated pursuant to subdivision (e), available to a local
agency serving a rural area or community in accordance with Section
8589.13.
SEC. 15. To the extent authorized under federal law, the sum of
thirty-two million seven hundred fifty thousand dollars ($32,750,000)
shall be transferred from the Federal Trust Fund, established by
Section 16360, to the Secretary of California Emergency Management
for expenditure in compliance with subdivision (a) of Section
8589.26, pursuant to the following schedule:
(a) Seven million dollars ($7,000,000) in the 2009-10 fiscal year.
(b) Ten million dollars ($10,000,000) in the 2010-11 fiscal year.
(c) Fifteen million seven hundred and fifty thousand dollars
($15,750,000) in the 2011-12 fiscal year.
SEC. 16. It is the intent of the Legislature to create and fund a
multiyear expenditure plan and to direct the Department of Forestry
and Fire Protection to continue with a cycle to replace, augment, and
upgrade the aging fire engine fleet and the emergency equipment that
it maintains. Nothing in this act is intended to interfere with, or
to supplant, the replacement plan of the Department of Forestry and
Fire Protection for its fire engine fleet and for its emergency
equipment.
SECTION 1. The Legislature finds and declares all of the
following:
(a) Over 50 years ago, the federal government established a
program to match state and local funds for the purchase of fire and
rescue apparatus and equipment. In doing so, the federal government
recognized that no single fire department could afford to purchase
and maintain sufficient fire and rescue apparatus to combat a major
disaster or war-caused conflagration.
(b) In 1953 and 1954, the state, through the Governor's Office of
Emergency Services, now known as the California Emergency Management
Agency (Cal EMA), implemented the recommendations of the Governor's
Fire Advisory Committee and, using federal matching funds, purchased
100 fire engines, and assigned them, by written agreement, to local
governments throughout the state.
(c) For five decades, local government assignees have been
permitted to use the Cal EMA fire engine fleet for mutual aid
response, local multiple alarm fires, temporary replacement for
out-of-service fire apparatus, firefighter training activities, and
other local governmental needs. Each assignee is required to dispatch
the Cal EMA fire engines with the requisite personnel to any
emergency in accordance with provisions of the Master Mutual Aid
Agreement.
(d) In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established to
examine the devastating effects of the fires in an effort to prevent
similar devastation of life and property in the future.
(e) The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having available
personnel capable of responding to fires, most lacked the additional
equipment required for such a response. To this end, the commission
recommended that the state develop, among other things, a program to
fund the acquisition of 150 additional Cal EMA fire engines. The
commission also recommended that the state begin replacing and
diversifying the aging fire engine fleet maintained by the Department
of Forestry and Fire Protection.
(f) In 2007, amidst yet another 100-year firestorm in southern
California, only 19 of the 150 Cal EMA fire engines recommended for
purchase by the commission had actually been purchased. While our
state's firefighting force stood ready and able to attack the fires,
state and local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating impact of
the fires by deploying a more rapid and powerful response.
(g) Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that assistance is
needed to enable Cal EMA to purchase additional fire engines for
state and local emergency response use.
(h) It is in the public's interest for the state to implement the
recommendation made by the commission and, in doing so, rapidly build
upon its existing fire engine fleet for use in mitigating the
effects of all forms of disasters, including terrorist acts, and
major fires, floods, and earthquakes.
SEC. 2. Section 8589.11 of the Government Code is amended to read:
8589.11. The office agency may
acquire new or used firefighting apparatus and equipment for resale
to local agencies. If the apparatus or equipment is in a used
condition, the office agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's
agency's cost of acquisition, repairing,
refurbishing, and associated indirect expenses.
SEC. 3. Section 8589.12 of the Government Code is amended to read:
8589.12. If a state agency, including the office
agency , proposes to make firefighting apparatus
or equipment which that is currently
owned and operated by the state available to the office
agency for use under this article, the
Department of General Services shall determine whether there is any
immediate need by any state agency for the apparatus or equipment. If
there is no immediate need, the Department of General Services shall
release the apparatus or equipment to the office
agency . If the office agency
acquires firefighting apparatus or equipment from another state
agency, the office agency shall pay
the fair market value of the apparatus or equipment, as determined by
the Department of General Services, unless the other state
agency agrees to a lesser payment.
SEC. 4. Section 8589.13 of the Government Code is amended to read:
8589.13. (a) The office agency
shall give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural area,
and is authorized to contract with a local agency that serves a rural
area for this purpose. The office agency
shall give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency. If after
reasonable efforts by the office agency
to sell new or used firefighting apparatus and equipment to any local
agency, and not less than 90 days after providing notice to these
local agencies, the office agency may
sell any remaining firefighting apparatus and equipment to public
agencies outside of California, the federal government, and Indian
tribes, subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office
agency may insure the other loan.
SEC. 5. Section 8589.14 of the Government Code is amended to read:
8589.14. The office agency shall
operate an information system which that
is capable of identifying firefighting apparatus and equipment
which that is available for
acquisition, and local agencies which that
are interested in acquiring apparatus and equipment.
SEC. 6. Section 8589.15 of the Government Code is amended to read:
8589.15. The office agency may
contract with the Prison Industry Authority to perform any of the
responsibilities or services required or authorized by this article.
SEC. 7. Section 8589.16 of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office
agency for the purposes of Sections 8589.11 and 8589.13.
All proceeds from the resale of firefighting apparatus and equipment
shall be paid to the account. The office
agency shall manage the account so that it is self-sustaining
by the 1992-93 fiscal year.
SEC. 8. Section 8589.17 of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office
agency .
SEC. 9. Section 8589.18 of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office
agency may either renegotiate the contract or
take possession of the apparatus or equipment for subsequent resale
to another local agency.
SEC. 10. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director
secretary shall adopt rules and regulations governing the
operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which that may be acquired,
rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which
that shall give preference to local agencies
which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 11. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office agency in
implementing the programs created by this article.
SEC. 12. Section 8589.21 of the Government Code is amended to
read:
8589.21. The director secretary
shall be responsible for the programs created by this article which,
except as provided by Sections 8589.12 and 8589.15, shall not be
subject to the requirements of the State Equipment Council or the
Office of Fleet Administration of the Department of General Services.
SEC. 13. Section 8589.22 of the Government Code is amended to
read:
8589.22. The director secretary
shall report to the Legislature every two years, commencing January
1, 1990, regarding the status of the programs created by this
article.
SEC. 14. Article 5.6 (commencing with Section 8589.25) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 5.6. The Fire Response and Rescue Act of 2009
8589.25. (a) This article shall be known and may be cited as the
Fire Response and Rescue Act of 2009.
(b) The definitions in Section 8589.10 apply to this article.
(c) For purposes of this article, "fire protection agency" shall
mean a governmental fire protection agency of this state.
8589.26. (a) The secretary shall acquire 131 additional fire
engines to augment the agency's existing fleet of fire engines to be
used in mitigating the effects of terrorist acts, fires, floods,
earthquakes, or other disasters.
(b) The secretary shall assign the fire engines acquired pursuant
to this article to any fire protection agency. The secretary's
determination of assignment shall be based upon whether the fire
protection agency is capable of providing the appropriate facilities,
maintenance, and personnel for a fire engine assigned to it.
(c) The assignment of fire engines shall be made pursuant to a
written agreement between the secretary and the fire protection
agency. The agreement shall require the fire protection agency to
assume responsibility for the operation, maintenance, and staffing of
the fire engines assigned to it and to agree to other terms
determined by the secretary, including, but not limited to, the right
of the secretary to dispatch a fire engine together with the
required personnel from the fire protection agency to which the fire
engine is assigned.
(d) The secretary shall assign or reassign fire engines in a
manner that promotes rapid mobilization, organization, and operation
of the fire engines within strategically located geographic regions
of the state, to the extent reasonably possible.
(e) A local agency may donate its used fire engines for the
purposes of Section 8589.11 in exchange for assignment priority for a
new fire engine acquired by the agency under subdivision (a).
(f) The secretary shall make used, repaired, or refurbished fire
engines, donated pursuant to subdivision (e), available to a local
agency serving a rural area or community in accordance with Section
8589.13.
SEC. 15. To the extent authorized under federal law, the sum of
thirty-two million seven hundred fifty thousand dollars ($32,750,000)
shall be transferred from the Federal Trust Fund, established by
Section 16360, to the Secretary of California Emergency Management
for expenditure in compliance with subdivision (a) of Section
8589.26, pursuant to the following schedule:
(a) Seven million dollars ($7,000,000) in the 2009-10 fiscal year.
(b) Ten million dollars ($10,000,000) in the 2010-11 fiscal year.
(c) Fifteen million seven hundred and fifty thousand dollars
($15,750,000) in the 2011-12 fiscal year.
SEC. 16. It is the intent of the Legislature to create and fund a
multiyear expenditure plan and to direct the Department of Forestry
and Fire Protection to continue with a cycle to replace, augment, and
upgrade the aging fire engine fleet and the emergency equipment that
it maintains. Nothing in this act is intended to interfere with, or
to supplant, the replacement plan of the Department of Forestry and
Fire Protection for its fire engine fleet and for its emergency
equipment.
SECTION 1. The Legislature finds and declares all of the
following:
(a) Over 50 years ago, the federal government established a
program to match state and local funds for the purchase of fire and
rescue apparatus and equipment. In doing so, the federal government
recognized that no single fire department could afford to purchase
and maintain sufficient fire and rescue apparatus to combat a major
disaster or war-caused conflagration.
(b) In 1953 and 1954, the state, through the Governor's Office of
Emergency Services, now known as the California Emergency Management
Agency (Cal EMA), implemented the recommendations of the Governor's
Fire Advisory Committee and, using federal matching funds, purchased
100 fire engines, and assigned them, by written agreement, to local
governments throughout the state.
(c) For five decades, local government assignees have been
permitted to use the Cal EMA fire engine fleet for mutual aid
response, local multiple alarm fires, temporary replacement for
out-of-service fire apparatus, firefighter training activities, and
other local governmental needs. Each assignee is required to dispatch
the Cal EMA fire engines with the requisite personnel to any
emergency in accordance with provisions of the Master Mutual Aid
Agreement.
(d) In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established to
examine the devastating effects of the fires in an effort to prevent
similar devastation of life and property in the future.
(e) The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having available
personnel capable of responding to fires, most lacked the additional
equipment required for such a response. To this end, the commission
recommended that the state develop, among other things, a program to
fund the acquisition of 150 additional Cal EMA fire engines. The
commission also recommended that the state begin replacing and
diversifying the aging fire engine fleet maintained by the Department
of Forestry and Fire Protection.
(f) In 2007, amidst yet another 100-year firestorm in southern
California, only 19 of the 150 Cal EMA fire engines recommended for
purchase by the commission had actually been purchased. While our
state's firefighting force stood ready and able to attack the fires,
state and local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating impact of
the fires by deploying a more rapid and powerful response.
(g) Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that assistance is
needed to enable Cal EMA to purchase additional fire engines for
state and local emergency response use.
(h) It is in the public's interest for the state to implement the
recommendation made by the commission and, in doing so, rapidly build
upon its existing fire engine fleet for use in mitigating the
effects of all forms of disasters, including terrorist acts, and
major fires, floods, and earthquakes.
SEC. 2. Section 8589.11 of the Government Code is amended to read:
8589.11. The office agency may
acquire new or used firefighting apparatus and equipment for resale
to local agencies. If the apparatus or equipment is in a used
condition, the office agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's
agency's cost of acquisition, repairing,
refurbishing, and associated indirect expenses.
SEC. 3. Section 8589.12 of the Government Code is amended to read:
8589.12. If a state agency, including the office
agency , proposes to make firefighting apparatus
or equipment which that is currently
owned and operated by the state available to the office
agency for use under this article, the
Department of General Services shall determine whether there is any
immediate need by any state agency for the apparatus or equipment. If
there is no immediate need, the Department of General Services shall
release the apparatus or equipment to the office
agency . If the office agency
acquires firefighting apparatus or equipment from another state
agency, the office agency shall pay
the fair market value of the apparatus or equipment, as determined by
the Department of General Services, unless the other state
agency agrees to a lesser payment.
SEC. 4. Section 8589.13 of the Government Code is amended to read:
8589.13. (a) The office agency
shall give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural area,
and is authorized to contract with a local agency that serves a rural
area for this purpose. The office agency
shall give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency. If after
reasonable efforts by the office agency
to sell new or used firefighting apparatus and equipment to any local
agency, and not less than 90 days after providing notice to these
local agencies, the office agency may
sell any remaining firefighting apparatus and equipment to public
agencies outside of California, the federal government, and Indian
tribes, subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office
agency may insure the other loan.
SEC. 5. Section 8589.14 of the Government Code is amended to read:
8589.14. The office agency shall
operate an information system which that
is capable of identifying firefighting apparatus and equipment
which that is available for
acquisition, and local agencies which that
are interested in acquiring apparatus and equipment.
SEC. 6. Section 8589.15 of the Government Code is amended to read:
8589.15. The office agency may
contract with the Prison Industry Authority to perform any of the
responsibilities or services required or authorized by this article.
SEC. 7. Section 8589.16 of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office
agency for the purposes of Sections 8589.11 and 8589.13.
All proceeds from the resale of firefighting apparatus and equipment
shall be paid to the account. The office
agency shall manage the account so that it is self-sustaining
by the 1992-93 fiscal year.
SEC. 8. Section 8589.17 of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office
agency .
SEC. 9. Section 8589.18 of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office
agency may either renegotiate the contract or
take possession of the apparatus or equipment for subsequent resale
to another local agency.
SEC. 10. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director
secretary shall adopt rules and regulations governing the
operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which that may be acquired,
rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which
that shall give preference to local agencies
which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 11. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office agency in
implementing the programs created by this article.
SEC. 12. Section 8589.21 of the Government Code is amended to
read:
8589.21. The director secretary
shall be responsible for the programs created by this article which,
except as provided by Sections 8589.12 and 8589.15, shall not be
subject to the requirements of the State Equipment Council or the
Office of Fleet Administration of the Department of General Services.
SEC. 13. Section 8589.22 of the Government Code is amended to
read:
8589.22. The director secretary
shall report to the Legislature every two years, commencing January
1, 1990, regarding the status of the programs created by this
article.
SEC. 14. Article 5.6 (commencing with Section 8589.25) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 5.6. The Fire Response and Rescue Act of 2009
8589.25. (a) This article shall be known and may be cited as the
Fire Response and Rescue Act of 2009.
(b) The definitions in Section 8589.10 apply to this article.
(c) For purposes of this article, "fire protection agency" shall
mean a governmental fire protection agency of this state.
8589.26. (a) The secretary shall acquire 131 additional fire
engines to augment the agency's existing fleet of fire engines to be
used in mitigating the effects of terrorist acts, fires, floods,
earthquakes, or other disasters.
(b) The secretary shall assign the fire engines acquired pursuant
to this article to any fire protection agency. The secretary's
determination of assignment shall be based upon whether the fire
protection agency is capable of providing the appropriate facilities,
maintenance, and personnel for a fire engine assigned to it.
(c) The assignment of fire engines shall be made pursuant to a
written agreement between the secretary and the fire protection
agency. The agreement shall require the fire protection agency to
assume responsibility for the operation, maintenance, and staffing of
the fire engines assigned to it and to agree to other terms
determined by the secretary, including, but not limited to, the right
of the secretary to dispatch a fire engine together with the
required personnel from the fire protection agency to which the fire
engine is assigned.
(d) The secretary shall assign or reassign fire engines in a
manner that promotes rapid mobilization, organization, and operation
of the fire engines within strategically located geographic regions
of the state, to the extent reasonably possible.
(e) A local agency may donate its used fire engines for the
purposes of Section 8589.11 in exchange for assignment priority for a
new fire engine acquired by the agency under subdivision (a).
(f) The secretary shall make used, repaired, or refurbished fire
engines, donated pursuant to subdivision (e), available to a local
agency serving a rural area or community in accordance with Section
8589.13.
SEC. 15. To the extent authorized under federal law, the sum of
thirty-two million seven hundred fifty thousand dollars ($32,750,000)
shall be transferred from the Federal Trust Fund, established by
Section 16360, to the Secretary of California Emergency Management
for expenditure in compliance with subdivision (a) of Section
8589.26, pursuant to the following schedule:
(a) Seven million dollars ($7,000,000) in the 2009-10 fiscal year.
(b) Ten million dollars ($10,000,000) in the 2010-11 fiscal year.
(c) Fifteen million seven hundred and fifty thousand dollars
($15,750,000) in the 2011-12 fiscal year.
SEC. 16. It is the intent of the Legislature to create and fund a
multiyear expenditure plan and to direct the Department of Forestry
and Fire Protection to continue with a cycle to replace, augment, and
upgrade the aging fire engine fleet and the emergency equipment that
it maintains. Nothing in this act is intended to interfere with, or
to supplant, the replacement plan of the Department of Forestry and
Fire Protection for its fire engine fleet and for its emergency
equipment.
SECTION 1. The Legislature finds and declares all of the
following:
(a) Over 50 years ago, the federal government established a
program to match state and local funds for the purchase of fire and
rescue apparatus and equipment. In doing so, the federal government
recognized that no single fire department could afford to purchase
and maintain sufficient fire and rescue apparatus to combat a major
disaster or war-caused conflagration.
(b) In 1953 and 1954, the state, through the Governor's Office of
Emergency Services, now known as the California Emergency Management
Agency (Cal EMA), implemented the recommendations of the Governor's
Fire Advisory Committee and, using federal matching funds, purchased
100 fire engines, and assigned them, by written agreement, to local
governments throughout the state.
(c) For five decades, local government assignees have been
permitted to use the Cal EMA fire engine fleet for mutual aid
response, local multiple alarm fires, temporary replacement for
out-of-service fire apparatus, firefighter training activities, and
other local governmental needs. Each assignee is required to dispatch
the Cal EMA fire engines with the requisite personnel to any
emergency in accordance with provisions of the Master Mutual Aid
Agreement.
(d) In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established to
examine the devastating effects of the fires in an effort to prevent
similar devastation of life and property in the future.
(e) The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having available
personnel capable of responding to fires, most lacked the additional
equipment required for such a response. To this end, the commission
recommended that the state develop, among other things, a program to
fund the acquisition of 150 additional Cal EMA fire engines. The
commission also recommended that the state begin replacing and
diversifying the aging fire engine fleet maintained by the Department
of Forestry and Fire Protection.
(f) In 2007, amidst yet another 100-year firestorm in southern
California, only 19 of the 150 Cal EMA fire engines recommended for
purchase by the commission had actually been purchased. While our
state's firefighting force stood ready and able to attack the fires,
state and local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating impact of
the fires by deploying a more rapid and powerful response.
(g) Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that assistance is
needed to enable Cal EMA to purchase additional fire engines for
state and local emergency response use.
(h) It is in the public's interest for the state to implement the
recommendation made by the commission and, in doing so, rapidly build
upon its existing fire engine fleet for use in mitigating the
effects of all forms of disasters, including terrorist acts, and
major fires, floods, and earthquakes.
SEC. 2. Section 8589.11 of the Government Code is amended to read:
8589.11. The office agency may
acquire new or used firefighting apparatus and equipment for resale
to local agencies. If the apparatus or equipment is in a used
condition, the office agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's
agency's cost of acquisition, repairing,
refurbishing, and associated indirect expenses.
SEC. 3. Section 8589.12 of the Government Code is amended to read:
8589.12. If a state agency, including the office
agency , proposes to make firefighting apparatus
or equipment which that is currently
owned and operated by the state available to the office
agency for use under this article, the
Department of General Services shall determine whether there is any
immediate need by any state agency for the apparatus or equipment. If
there is no immediate need, the Department of General Services shall
release the apparatus or equipment to the office
agency . If the office agency
acquires firefighting apparatus or equipment from another state
agency, the office agency shall pay
the fair market value of the apparatus or equipment, as determined by
the Department of General Services, unless the other state
agency agrees to a lesser payment.
SEC. 4. Section 8589.13 of the Government Code is amended to read:
8589.13. (a) The office agency
shall give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural area,
and is authorized to contract with a local agency that serves a rural
area for this purpose. The office agency
shall give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency. If after
reasonable efforts by the office agency
to sell new or used firefighting apparatus and equipment to any local
agency, and not less than 90 days after providing notice to these
local agencies, the office agency may
sell any remaining firefighting apparatus and equipment to public
agencies outside of California, the federal government, and Indian
tribes, subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office
agency may insure the other loan.
SEC. 5. Section 8589.14 of the Government Code is amended to read:
8589.14. The office agency shall
operate an information system which that
is capable of identifying firefighting apparatus and equipment
which that is available for
acquisition, and local agencies which that
are interested in acquiring apparatus and equipment.
SEC. 6. Section 8589.15 of the Government Code is amended to read:
8589.15. The office agency may
contract with the Prison Industry Authority to perform any of the
responsibilities or services required or authorized by this article.
SEC. 7. Section 8589.16 of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office
agency for the purposes of Sections 8589.11 and 8589.13.
All proceeds from the resale of firefighting apparatus and equipment
shall be paid to the account. The office
agency shall manage the account so that it is self-sustaining
by the 1992-93 fiscal year.
SEC. 8. Section 8589.17 of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office
agency .
SEC. 9. Section 8589.18 of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office
agency may either renegotiate the contract or
take possession of the apparatus or equipment for subsequent resale
to another local agency.
SEC. 10. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director
secretary shall adopt rules and regulations governing the
operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which that may be acquired,
rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which
that shall give preference to local agencies
which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 11. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office agency in
implementing the programs created by this article.
SEC. 12. Section 8589.21 of the Government Code is amended to
read:
8589.21. The director secretary
shall be responsible for the programs created by this article which,
except as provided by Sections 8589.12 and 8589.15, shall not be
subject to the requirements of the State Equipment Council or the
Office of Fleet Administration of the Department of General Services.
SEC. 13. Section 8589.22 of the Government Code is amended to
read:
8589.22. The director secretary
shall report to the Legislature every two years, commencing January
1, 1990, regarding the status of the programs created by this
article.
SEC. 14. Article 5.6 (commencing with Section 8589.25) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 5.6. The Fire Response and Rescue Act of 2009
8589.25. (a) This article shall be known and may be cited as the
Fire Response and Rescue Act of 2009.
(b) The definitions in Section 8589.10 apply to this article.
(c) For purposes of this article, "fire protection agency" shall
mean a governmental fire protection agency of this state.
8589.26. (a) The secretary shall acquire 131 additional fire
engines to augment the agency's existing fleet of fire engines to be
used in mitigating the effects of terrorist acts, fires, floods,
earthquakes, or other disasters.
(b) The secretary shall assign the fire engines acquired pursuant
to this article to any fire protection agency. The secretary's
determination of assignment shall be based upon whether the fire
protection agency is capable of providing the appropriate facilities,
maintenance, and personnel for a fire engine assigned to it.
(c) The assignment of fire engines shall be made pursuant to a
written agreement between the secretary and the fire protection
agency. The agreement shall require the fire protection agency to
assume responsibility for the operation, maintenance, and staffing of
the fire engines assigned to it and to agree to other terms
determined by the secretary, including, but not limited to, the right
of the secretary to dispatch a fire engine together with the
required personnel from the fire protection agency to which the fire
engine is assigned.
(d) The secretary shall assign or reassign fire engines in a
manner that promotes rapid mobilization, organization, and operation
of the fire engines within strategically located geographic regions
of the state, to the extent reasonably possible.
(e) A local agency may donate its used fire engines for the
purposes of Section 8589.11 in exchange for assignment priority for a
new fire engine acquired by the agency under subdivision (a).
(f) The secretary shall make used, repaired, or refurbished fire
engines, donated pursuant to subdivision (e), available to a local
agency serving a rural area or community in accordance with Section
8589.13.
SEC. 15. To the extent authorized under federal law, the sum of
thirty-two million seven hundred fifty thousand dollars ($32,750,000)
shall be transferred from the Federal Trust Fund, established by
Section 16360, to the Secretary of California Emergency Management
for expenditure in compliance with subdivision (a) of Section
8589.26, pursuant to the following schedule:
(a) Seven million dollars ($7,000,000) in the 2009-10 fiscal year.
(b) Ten million dollars ($10,000,000) in the 2010-11 fiscal year.
(c) Fifteen million seven hundred and fifty thousand dollars
($15,750,000) in the 2011-12 fiscal year.
SEC. 16. It is the intent of the Legislature to create and fund a
multiyear expenditure plan and to direct the Department of Forestry
and Fire Protection to continue with a cycle to replace, augment, and
upgrade the aging fire engine fleet and the emergency equipment that
it maintains. Nothing in this act is intended to interfere with, or
to supplant, the replacement plan of the Department of Forestry and
Fire Protection for its fire engine fleet and for its emergency
equipment.
SECTION 1. The Legislature finds and declares all of the
following:
(a) Over 50 years ago, the federal government established a
program to match state and local funds for the purchase of fire and
rescue apparatus and equipment. In doing so, the federal government
recognized that no single fire department could afford to purchase
and maintain sufficient fire and rescue apparatus to combat a major
disaster or war-caused conflagration.
(b) In 1953 and 1954, the state, through the Governor's Office of
Emergency Services, now known as the California Emergency Management
Agency (Cal EMA), implemented the recommendations of the Governor's
Fire Advisory Committee and, using federal matching funds, purchased
100 fire engines, and assigned them, by written agreement, to local
governments throughout the state.
(c) For five decades, local government assignees have been
permitted to use the Cal EMA fire engine fleet for mutual aid
response, local multiple alarm fires, temporary replacement for
out-of-service fire apparatus, firefighter training activities, and
other local governmental needs. Each assignee is required to dispatch
the Cal EMA fire engines with the requisite personnel to any
emergency in accordance with provisions of the Master Mutual Aid
Agreement.
(d) In the aftermath of the 2003 southern California firestorm, a
bipartisan 34-member Blue Ribbon Fire Commission was established to
examine the devastating effects of the fires in an effort to prevent
similar devastation of life and property in the future.
(e) The final report of the Blue Ribbon Fire Commission revealed
that while state and local fire agencies reported having available
personnel capable of responding to fires, most lacked the additional
equipment required for such a response. To this end, the commission
recommended that the state develop, among other things, a program to
fund the acquisition of 150 additional Cal EMA fire engines. The
commission also recommended that the state begin replacing and
diversifying the aging fire engine fleet maintained by the Department
of Forestry and Fire Protection.
(f) In 2007, amidst yet another 100-year firestorm in southern
California, only 19 of the 150 Cal EMA fire engines recommended for
purchase by the commission had actually been purchased. While our
state's firefighting force stood ready and able to attack the fires,
state and local governments lacked the equipment required to dispatch
personnel who might have otherwise reduced the devastating impact of
the fires by deploying a more rapid and powerful response.
(g) Given the destruction caused by the 2003 and 2007 southern
California fires, it is clear, now more than ever, that assistance is
needed to enable Cal EMA to purchase additional fire engines for
state and local emergency response use.
(h) It is in the public's interest for the state to implement the
recommendation made by the commission and, in doing so, rapidly build
upon its existing fire engine fleet for use in mitigating the
effects of all forms of disasters, including terrorist acts, and
major fires, floods, and earthquakes.
SEC. 2. Section 8589.11 of the Government Code is amended to read:
8589.11. The office agency may
acquire new or used firefighting apparatus and equipment for resale
to local agencies. If the apparatus or equipment is in a used
condition, the office agency may
contract with the Prison Industry Authority to repair or refurbish
the apparatus or equipment to acceptable fire service standards
before resale. The resale price shall recover the office's
agency's cost of acquisition, repairing,
refurbishing, and associated indirect expenses.
SEC. 3. Section 8589.12 of the Government Code is amended to read:
8589.12. If a state agency, including the office
agency , proposes to make firefighting apparatus
or equipment which that is currently
owned and operated by the state available to the office
agency for use under this article, the
Department of General Services shall determine whether there is any
immediate need by any state agency for the apparatus or equipment. If
there is no immediate need, the Department of General Services shall
release the apparatus or equipment to the office
agency . If the office agency
acquires firefighting apparatus or equipment from another state
agency, the office agency shall pay
the fair market value of the apparatus or equipment, as determined by
the Department of General Services, unless the other state
agency agrees to a lesser payment.
SEC. 4. Section 8589.13 of the Government Code is amended to read:
8589.13. (a) The office agency
shall give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural area,
and is authorized to contract with a local agency that serves a rural
area for this purpose. The office agency
shall give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency. If after
reasonable efforts by the office agency
to sell new or used firefighting apparatus and equipment to any local
agency, and not less than 90 days after providing notice to these
local agencies, the office agency may
sell any remaining firefighting apparatus and equipment to public
agencies outside of California, the federal government, and Indian
tribes, subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale price in more than one installment, the local
agency shall pay interest at a rate specified in the contract, which
shall not exceed 1 percent less than the rate earned by the Pooled
Money Investment Board, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the office
agency may insure the other loan.
SEC. 5. Section 8589.14 of the Government Code is amended to read:
8589.14. The office agency shall
operate an information system which that
is capable of identifying firefighting apparatus and equipment
which that is available for
acquisition, and local agencies which that
are interested in acquiring apparatus and equipment.
SEC. 6. Section 8589.15 of the Government Code is amended to read:
8589.15. The office agency may
contract with the Prison Industry Authority to perform any of the
responsibilities or services required or authorized by this article.
SEC. 7. Section 8589.16 of the Government Code is amended to read:
8589.16. There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office
agency for the purposes of Sections 8589.11 and 8589.13.
All proceeds from the resale of firefighting apparatus and equipment
shall be paid to the account. The office
agency shall manage the account so that it is self-sustaining
by the 1992-93 fiscal year.
SEC. 8. Section 8589.17 of the Government Code is amended to read:
8589.17. Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement. The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office
agency .
SEC. 9. Section 8589.18 of the Government Code is amended to read:
8589.18. If a local agency defaults on a contract for the resale
of firefighting apparatus and equipment, the office
agency may either renegotiate the contract or
take possession of the apparatus or equipment for subsequent resale
to another local agency.
SEC. 10. Section 8589.19 of the Government Code is amended to
read:
8589.19. (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director
secretary shall adopt rules and regulations governing the
operation of the programs created by this article pursuant to the
Administrative Procedure Act, Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3.
(b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
(1) The specific types of firefighting apparatus and equipment
which that may be acquired,
rehabilitated, and resold.
(2) The amount and terms of resale contracts.
(3) The time, format, and manner in which local agencies may apply
for resale contracts.
(4) Priorities for assisting local agencies which
that shall give preference to local agencies
which meet all of the following:
(A) Demonstrated need for primary response firefighting apparatus
and equipment.
(B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
(C) Have already used other means of financing the firefighting
apparatus and equipment.
SEC. 11. Section 8589.20 of the Government Code is amended to
read:
8589.20. All state agencies, boards, and commissions shall
cooperate with the office agency in
implementing the programs created by this article.
SEC. 12. Section 8589.21 of the Government Code is amended to
read:
8589.21. The director secretary
shall be responsible for the programs created by this article which,
except as provided by Sections 8589.12 and 8589.15, shall not be
subject to the requirements of the State Equipment Council or the
Office of Fleet Administration of the Department of General Services.
SEC. 13. Section 8589.22 of the Government Code is amended to
read:
8589.22. The director secretary
shall report to the Legislature every two years, commencing January
1, 1990, regarding the status of the programs created by this
article.
SEC. 14. Article 5.6 (commencing with Section 8589.25) is added to
Chapter 7 of Division 1 of Title 2 of the Government Code, to read:
Article 5.6. The Fire Response and Rescue Act of 2009
8589.25. (a) This article shall be known and may be cited as the
Fire Response and Rescue Act of 2009.
(b) The definitions in Section 8589.10 apply to this article.
(c) For purposes of this article, "fire protection agency" shall
mean a governmental fire protection agency of this state.
8589.26. (a) The secretary shall acquire 131 additional fire
engines to augment the agency's existing fleet of fire engines to be
used in mitigating the effects of terrorist acts, fires, floods,
earthquakes, or other disasters.
(b) The secretary shall assign the fire engines acquired pursuant
to this article to any fire protection agency. The secretary's
determination of assignment shall be based upon whether the fire
protection agency is capable of providing the appropriate facilities,
maintenance, and personnel for a fire engine assigned to it.
(c) The assignment of fire engines shall be made pursuant to a
written agreement between the secretary and the fire protection
agency. The agreement shall require the fire protection agency to
assume responsibility for the operation, maintenance, and staffing of
the fire engines assigned to it and to agree to other terms
determined by the secretary, including, but not limited to, the right
of the secretary to dispatch a fire engine together with the
required personnel from the fire protection agency to which the fire
engine is assigned.
(d) The secretary shall assign or reassign fire engines in a
manner that promotes rapid mobilization, organization, and operation
of the fire engines within strategically located geographic regions
of the state, to the extent reasonably possible.
(e) A local agency may donate its used fire engines for the
purposes of Section 8589.11 in exchange for assignment priority for a
new fire engine acquired by the agency under subdivision (a).
(f) The secretary shall make used, repaired, or refurbished fire
engines, donated pursuant to subdivision (e), available to a local
agency serving a rural area or community in accordance with Section
8589.13.
SEC. 15. To the extent authorized under federal law, the sum of
thirty-two million seven hundred fifty thousand dollars ($32,750,000)
shall be transferred from the Federal Trust Fund, established by
Section 16360, to the Secretary of California Emergency Management
for expenditure in compliance with subdivision (a) of Section
8589.26, pursuant to the following schedule:
(a) Seven million dollars ($7,000,000) in the 2009-10 fiscal year.
(b) Ten million dollars ($10,000,000) in the 2010-11 fiscal year.
(c) Fifteen million seven hundred and fifty thousand dollars
($15,750,000) in the 2011-12 fiscal year.
SEC. 16. It is the intent of the Legislature to create and fund a
multiyear expenditure plan and to direct the Department of Forestry
and Fire Protection to continue with a cycle to replace, augment, and
upgrade the aging fire engine fleet and the emergency equipment that
it maintains. Nothing in this act is intended to interfere with, or
to supplant, the replacement plan of the Department of Forestry and
Fire Protection for its fire engine fleet and for its emergency
equipment.