BILL ANALYSIS Ó
AB 731
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Date of Hearing: March 30, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
AB 731 (Jeffries) - As Introduced: February 17, 2011
SUBJECT : Firefighting.
SUMMARY : 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. Specifically,
this bill :
1) States that the State Board of Equalization shall annually
collect and process one million thirty thousand dollars
($1,030,000) from revenue currently received by the state from
specified tax and fee revenue sources and shall be expended as
follows:
a) 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.
The funds are to be used for firefighting and emergency
response purposes, including, but not limited to, the purchase
of firefighting and rescue vehicles and equipment, as specified;
and,
b) 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.
2) Provides the secretary of California Emergency Management
Agency (CalEMA) shall use the appropriated funds to only
purchase of new equipment and apparatus.
3) Requires the secretary of CalEMA to consult with additional
specified individuals involved in firefighting before adopting
certain regulations, as defined.
4) Makes legislative findings and declarations.
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EXISTING LAW :
1) Creates CalEMA and requires it to perform a variety of
duties with respect to specified emergency preparedness,
mitigation, and response activities in the state.
2) Authorizes the secretary of CalEMA to acquire specified
firefighting apparatus and equipment for resale to a local
agency, as defined, that provides fire suppression services or a
fire company.
3) Establishes the State Assistance for Fire Equipment Account,
a continuously appropriated fund, for purposes of the act.
4) Requires the secretary to consult with a specified committee
before adopting regulations implementing the act.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose of the bill : According to the author's office,
"California is the home to its share of disasters, both natural
and otherwise. These events range from the 1994 Northridge
earthquake, the record breaking fire storms of 2003, 2007, 2008
and 2009 throughout the state, the 2005 La Conchita landslide,
and the 1989 San Bernardino Duffy Street train derailment."
The author states that "these events do not include the annual
disasters across the state including on average 6,800 fires
burning more than 248,000 acres, the over 200 earthquakes on
average over a 3.5 magnitude and the yearly flooding and
mudslides that take place. The state has seen an increasing
level of natural disasters with more and more becoming severe.
Many of these events utilize a mixture of state, local and
regional resources. As the events grow in severity more
resources are pulled from across the state. California's
emergency response teams must be prepared to address each of
these disasters."
The author's office empathizes, "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
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equipment and apparatus for state and local emergency response
and further build the ability to mitigate the effects of all
forms of disasters."
The author states, this bill will appropriate $1,030,000
annually to fill the funding void to purchase additional
firefighting and emergency equipment and apparatus for state and
local use. The specified allocation will come from a transfer
of revenue currently received by the state from specified tax
and fee revenue sources. Those sources are as follows: (1)
Sixty thousand dollars ($60,000) from the Private Railroad Car
Tax; (2) One hundred eighty thousand dollars ($180,000) from
the funds received pursuant to the Cigarette and Tobacco
Products Tax Law; (3) One hundred thousand dollars ($100,000)
from funds received pursuant to the Energy Resources Surcharge
Law; (4) One hundred fifty thousand dollars ($150,000) from the
Alcoholic Beverage Tax; (5) One hundred fifty thousand dollars
($150,000) from funds received pursuant to the Insurance
Taxation Law; (6) Seventy-five thousand dollars ($75,000)
received pursuant to
the Motor Vehicle Fuel Tax Law; (7) Fifteen thousand dollars
($15,000) from the Aircraft Jet Fuel; (8) Twenty-five thousand
dollars ($25,000) from the Oil Spill Response Trust Fund; (9)
Seventy-five thousand dollars ($75,000) received pursuant to the
Hazardous Substances Tax Law; and (10) Twenty-five thousand
dollars ($25,000) from the California tire fee pursuant to
Section 42885 of the Public Resources Code.
The author states, "As we continue to watch major disasters
occur around the world, it is our job to ensure that
California's emergency responders are trained and equipped with
the resources to protect its residents."
Policy consideration : Will this bill set future precedents for
appropriating revenue
currently received by the state from specified tax and fee
revenue sources to fund future firefighting and emergency
response purposes?
Double-referral : This measure is double-referred to the
Assembly Committee on Natural Resources.
Prior legislation : AB 2791 (Assembly Governmental Organization
Committee), Chapter 618, Statutes of 2010. Makes various
statutory and technical changes to reflect the merger of the
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former Office of Emergency Services and the former Office of
Homeland Security into the California Emergency Management
Agency in January 1, 2009.
AB 3075 (Assembly Governmental Organization Committee), Chapter
364 of 2008. Required the Office of Emergency Services (OES) to
give first priority for the sale of new or used firefighting
apparatus and equipment to a local agency that serves a rural
area, and to give second priority for the sale of new or used
firefighting apparatus and equipment to any local agency.
Allows the office to sell the apparatus and equipment to public
agencies outside California, the federal government, and Indian
tribes, as specified.
SB 546 (Dutton), Chapter 232, Statutes of 2005. Authorized the
Office of Emergency Services (OES) to partner with private
sector interests to integrate private sector and governmental
emergency preparedness efforts. In addition, this bill creates
the Disaster Resistant Communities Account in the General Fund
into which private donations may be deposited.
AB 1284 (Hansen) Chapter 1332 of 1987. Established the SAFE
Act, designed to assist local agencies - particularly those
local agencies located in rural areas of the state - in
acquiring firefighting vehicles and related equipment.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Eric Johnson / G. O. / (916) 319-2531