BILL NUMBER: AB 731 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jeffries
FEBRUARY 17, 2011
An act to amend Section 8589.19 of, and to add Section 8589.24 to,
the Government Code, relating to firefighting, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 731, as introduced, Jeffries. Firefighting. The State
Assistance for Fire Equipment Act authorizes the Secretary of
California Emergency Management to acquire specified firefighting
apparatus and equipment for resale to a local agency, as defined,
that provides fire suppression services or a fire company. Existing
law also establishes the State Assistance for Fire Equipment Account,
a continuously appropriated fund, for purposes of the act. Existing
law requires the secretary to consult with a specified committee
before adopting regulations implementing the act.
This bill would annually appropriate $1,030,000 of revenue
currently received by the state from specified tax and fee revenue
sources for firefighting and emergency response purposes, including,
but not limited to, the purchase of firefighting and rescue vehicles
and equipment. The bill would also require the secretary to consult
with additional specified individuals involved in firefighting before
adopting certain regulations.
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. This act shall be known as the California Emergency
Fire and Rescue Apparatus Funding Act of 2011.
SEC. 2. (a) The Legislature finds and declares that California's
emergency fire service personnel and equipment are routinely called
upon to mitigate the effects of terrorist acts, fires, floods,
earthquakes, and other mass casualty rescues and fires, including,
but not limited to, significant regional emergencies directly related
to train derailments, commercial and passenger aircraft accidents,
oil pipeline and hazardous waste spills and fires, landfill and
electrical wildland infrastructure fires, mass casualty accidents on
state highways, and urban interface fires as evidenced by the
destruction caused by, but not limited to, the 1989 Loma Prieta and
the 1994 Northridge earthquakes, the 1989 San Bernardino Duffy Street
train derailment disaster, the 1978 San Diego and the 1986 Cerritos
midair collisions, the 2005 La Conchita landslide, the 1991 Oakland
hills firestorm, the wildland firestorms in 2003, 2007, and 2008, and
the environmental damage caused by the 1996 Panoche and the 1998
Tracy used tire stockpile fires.
(b) The Legislature finds and declares that, given the increase in
the state population and the intensity and frequency of disasters
within the state, it is evident that assistance is needed to enable
the state to purchase additional firefighting and emergency equipment
and apparatus for state and local emergency response and further
build the ability to mitigate the effects of all forms of disasters.
SEC. 3. Section 8589.19 of the Government Code is amended to read:
8589.19. (a) After consultation with the California Emergency
Management Agency Fire Advisory Committee, the
chairperson of the Blue Ribbon Fir e
Commission, the Director of Forestry and Fire Protection, the State
Fire Marshal, and the chairperson of the State Board of Fire
Services, the 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 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 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. 4. Section 8589.24 is added to the Government Code, to read:
8589.24. (a) The State Board of Equalization shall annually
collect and process one million thirty thousand dollars ($1,030,000)
from the following sources in the following amounts:
(1) Sixty thousand dollars ($60,000) from the Private Railroad
Car Tax (Part 6 (commencing with Section 11201) of Division 2 of the
Revenue and Taxation Code).
(2) One hundred eighty thousand dollars ($180,000) from the funds
received pursuant to the Cigarette and Tobacco Products Tax Law
(Part 13 (commencing with Section 30001) of Division 2 of the Revenue
and Taxation Code).
(3) One hundred thousand dollars ($100,000) from funds received
pursuant to the Energy Resources Surcharge Law (Part 19 (commencing
with Section 40001) of Division 2 of the Revenue and Taxation Code).
(4) One hundred fifty thousand dollars ($150,000) from the
Alcoholic Beverage Tax (Part 14 (commencing with Section 32001) of
Division 2 of the Revenue and Taxation Code).
(5) One hundred fifty thousand dollars ($150,000) from funds
received pursuant to the Insurance Taxation Law (Part 7 (commencing
with Section 12001) of Division 2 of the Revenue and Taxation Code).
(6) Seventy-five thousand dollars ($75,000) received pursuant to
the Motor Vehicle Fuel Tax Law (Part 2 (commencing with Section 7301)
of Division 2 of the Revenue and Taxation Code).
(7) Fifteen thousand dollars ($15,000) from the Aircraft Jet Fuel
Tax (Chapter 2.5 (commencing with Section 7385) of Part 2 of Division
2 of the Revenue and Taxation Code).
(8) Twenty-five thousand dollars ($25,000) from the Oil Spill
Response Trust Fund (Article 7 (commencing with Section 8670.46) of
Chapter 7.4 of Division 1 of Title 2 of the Government Code).
(9) Seventy-five thousand dollars ($75,000) received pursuant to
the Hazardous Substances Tax Law (Part 22 (commencing with Section
43001) of Division 2 of the Revenue and Taxation Code).
(10) Twenty-five thousand dollars ($25,000) from the California
tire fee pursuant to Section 42885 of the Public Resources Code.
The funds shall be expended as follows:
(b) One million dollars ($1,000,000) shall be deposited annually
into the State Assistance for Fire Equipment Account for the purposes
of the State Assistance for Fire Equipment Act. In addition to
firefighting apparatus and equipment, as defined in subdivision (c)
of Section 8589.10, the secretary may use funds appropriated under
this section to purchase any fire engine, as defined as a Type 1, 2,
3, or 4 fire engine, Type 1 or 2 water tender, heavy rescue vehicle,
combination lighting and air support vehicle or squad with a rated
gross vehicle weight of one ton or greater that is not primarily
designed and utilized to transport patients, Type 1 mobile
communication center vehicle, Urban Search and Rescue equipment and
apparatus, and rescue equipment for the purposes of extricating or
rescuing entrapped persons from mass casualty emergency incidents.
The secretary shall provide up to two hundred fifty thousand dollars
($250,000) annually for the purpose of funding CAL-FIRE fire
apparatus. The secretary shall use funds appropriated pursuant to
this paragraph only for the purchase of new equipment and apparatus.
(c) Thirty thousand dollars ($30,000) is hereby annually
appropriated to the Office of the State Fire Marshal, State Fire
Training, for the purposes of providing training courses and
materials related to the types of emergencies and fires associated
with the products or industries from which the fees or taxes are
herein collected.