Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 929

Introduced by Assembly Member Jones

February 22, 2013

An act to amend Section begin delete 4210 end delete begin insert 4212 end insert of the Public Resources Code, relating to state responsibility areas.

LEGISLATIVE COUNSEL’S DIGEST

AB 929, as amended, Jones. State responsibility areas: structures: fees.

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Existing law requires the State Board of Forestry and Fire Protection, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area, as defined, and requires that the fire prevention fee be adjusted annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fire prevention fees, as prescribed, commencing with the 2011-12 fiscal year.

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This bill would require the board, in collaboration with the State Board of Equalization, to develop a procedure for the reimbursement of persons who have paid a fire prevention fee covering a structure that was previously in an area within a state responsibility area, but that has been determined to no longer be within the boundaries of that state responsibility area.

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Existing law states that the Legislature finds and declares that fire protection of public trust resources on lands in state responsibility areas remains a vital interest to California and that it is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the areas.

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This bill would make technical, nonsubstantive changes to that law.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 4212 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4212.  

(a) (1) By September 1, 2011, the board shall adopt
emergency regulations to establish a fire prevention fee for the
purposes of this chapter in an amount not to exceed one hundred
fifty dollars ($150) to be charged on each structure on a parcel that
is within a state responsibility area.

(2) The Legislature finds and declares that a fire prevention fee
of not more than one hundred fifty dollars ($150) is a reasonable
amount for the necessary fire prevention activities of the state that
benefit the owner of a structure within a state responsibility area.

(b) On July 1, 2013, and annually thereafter, the board shall
adjust the fire prevention fees imposed pursuant to this chapter to
reflect the percentage of change in the average annual value of the
Implicit Price Deflator for State and Local Government Purchases
of Goods and Services for the United States, as calculated by the
United States Department of Commerce for the 12-month period
in the third quarter of the prior calendar year, as reported by the
Department of Finance.

(c) Emergency regulations adopted pursuant to subdivision (a)
shall be adopted in accordance with the rulemaking provisions of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). The adoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, and safety, or general welfare.

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(d) The board, in collaboration with the State Board of
Equalization, shall develop a procedure for the reimbursement of
persons who have paid a fire prevention fee covering a structure
that was previously located within a state responsibility area, but
that has been determined to no longer fall within the boundaries
of that state responsibility area.

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SECTION 1.  

Section 4210 of the Public Resources Code is
amended to read:

4210.  

The Legislature finds and declares all of the following:

(a) Fire protection of public trust resources on lands in state
responsibility areas remains a vital interest to California. Lands
that are covered in whole or in part by a diverse plant community
prevent excessive erosion, retard runoff, reduce sedimentation,
and accelerate water percolation to assist in the maintenance of
critical sources of water for environmental, irrigation, domestic,
or industrial uses.

(b) The presence of structures within state responsibility areas
can pose an increased risk of fire ignition and an increased potential
for fire damage within the state’s wildlands and watersheds. The
presence of structures within state responsibility areas can also
impair wild land firefighting techniques and could result in greater
damage to state lands caused by wildfires.

(c) The costs of fire prevention activities aimed at reducing the
effects of structures in state responsibility areas should be borne
by the owners of these structures.

(d) Individual owners of structures within state responsibility
areas receive a disproportionately larger benefit from fire
prevention activities than that realized by the state’s citizens
generally.

(e) It is the intent of the Legislature that the economic burden
of fire prevention activities that are associated with structures in
state responsibility areas shall be equitably distributed among the
citizens of the state who generally benefit from those activities
and those owners of structures in the state responsibility areas who
receive a specific benefit other than that general benefit.

(f) It is necessary to impose a fire prevention fee to pay for fire
prevention activities in the state responsibility areas that
specifically benefit owners of structures in the state responsibility
areas.

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