BILL ANALYSIS SB 902 Page 1 Date of Hearing: June 16, 2010 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Cameron Smyth, Chair SB 902 (Ashburn) - As Amended: March 11, 2010 SENATE VOTE : 31-0 SUBJECT : Fire protection: county regulation. SUMMARY : Reduces the population threshold requirement from a county of 1,000,000 or more to a county of 400,000 or more in order for that county to have the authority to regulate by ordinance the formation and continued existence of fire companies. EXISTING LAW : 1)Authorizes a county board of supervisors that has a population of 1,000,000 or more on or after January 1, 1985, to regulate by ordinance the formation and continued existence of fire companies. 2)Authorizes a board to allow the formation of any new fire company within the county where the board determines a reasonable level of fire services does not already exist and where the provision of supplemental or competing fire services by any other entity would not result in the mismanagement of emergencies or in confusion to those seeking aid. 3)Authorizes the board to order any fire companies formed pursuant to state law to continue to exist upon making the determination a reasonable level of fire services does not already exist and where the provision of supplemental or competing fire services by any other entity would not result in the mismanagement of emergencies or in confusion to those seeking aid. 4)Authorizes the board to establish by ordinance additional regulations and criteria for the establishment and ongoing operation of fire companies organized pursuant to state law. FISCAL EFFECT : None COMMENTS : SB 902 Page 2 1)Before the arrival of fire protection districts, which are public agencies, residents of cities and unincorporated towns organized unpaid fire companies. Under existing law, volunteer fire companies in unincorporated areas organize by annually filing a certificate, containing specified information, with the county's Fire and Rescue Operational Area Coordinator or with another county agency as designated by ordinance. A board may require an updated or second filing each year. 2)Boards in counties with populations above 1,000,000 can, by ordinance, regulate the formation, continued existence, and ongoing operation of fire companies in unincorporated areas. Currently, in population order, the Counties of Los Angeles, San Diego, Orange, Riverside, San Bernardino, Santa Clara, Alameda, Sacramento, and Contra Costa have populations of more than 1,000,000. The Counties of Los Angeles, San Diego, and San Bernardino have adopted these ordinances. By extending this authorization to counties with populations of at least 400,000, 12 additional counties will have the ability to regulate volunteer fire companies. Those counties, in population order, are Fresno, Ventura, San Francisco, Kern, San Mateo, San Joaquin, Stanislaus, Sonoma, Tulare, Santa Barbara, Monterey, and Solano. 3)Existing law also requires every member registered as an active firefighting member of any regularly organized volunteer fire department - which has official recognition and full or partial support of the government of the county, city, town, or district in which the volunteer fire department is located - to be recognized as an employee of that county, city, town, or district, allowing that member to be entitled to receive worker's compensation from that county, city, town, or district. A worker's compensation judge recently held the County of Kern liable for a worker's compensation claim by a member of a volunteer fire company that had registered with the county. Kern County officials say that, if they are liable for claims, they want to regulate volunteer fire companies' risk SB 902 Page 3 management practices and their role in the county's emergency plans. The case is on appeal to the Worker's Compensation Appeals Board. 4)According to the author, the County of Kern is concerned about the lack of oversight of volunteer fire services and the liability the county could incur without regulation. Counties are required to accept a fire company's registration and that acceptance registration can be construed by the courts to condone the fire company's existence and activities, and could thereby obligate the county to assume liability for the fire company. The author argues it is only fair that a county should be able to impose safety regulations if it is to be held liable for volunteer fire companies. 5)Support Arguments : Supporters, Counties of Kern and Sonoma, say smaller counties should have the same authority that larger counties and all cities possess to improve volunteer fire companies. Opposition Arguments : Opponents might argue smaller counties do not face the same complex oversight issues that larger counties have with volunteer fire companies and do not need this authorization. REGISTERED SUPPORT / OPPOSITION : Support Counties of Kern and Sonoma Opposition None on file Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916) 319-3958