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
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          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