Amended in Assembly April 22, 2013

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 4212 of the Public Resources Code, relating to state responsibility areas.

LEGISLATIVE COUNSEL’S DIGEST

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

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.

This bill would require the board, in collaboration with the State Board of Equalization, to develop begin insert and implement, in accordance with prescribed requirements, end insert a procedure for the reimbursement of persons who have paid begin insert , between January 1, 2015, and December 31, 2016, end insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

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

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.

(d) The board, in collaboration with the State Board of
Equalization, shall develop begin insert and implement end insert 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 begin delete area. end delete begin insert area in
accordance with the following requirements: end insert

begin insert

(1) (A) The board shall prepare and submit to the Board of
Equalization a list of structures that were located in a state
responsibility area, but that were later determined by the board
to no longer fall within the boundaries of a state responsibility
area, pursuant to the classification of lands in a state responsibility
area required by Section 4125.

end insert begin insert

(B) The board shall develop a form for requesting
reimbursement for payment of the fire prevention fee, and shall
make that form available to any owner of a structure identified
pursuant to subparagraph (A) who paid the fee and wishes to
request reimbursement of the fee pursuant to this subdivision.

end insert begin insert

(2) An owner of a structure that was within the boundaries of
a state responsibility area, but that was later determined to no
longer fall within the boundaries of a state responsibility area
shall file any request for reimbursement for payment of the fire
prevention fee on a form developed pursuant to subparagraph (B)
of paragraph (1) with the board. The board shall review the request
and, if it determines the request for reimbursement should be
granted, shall forward the request to the State Board of
Equalization for issuance of a refund.

end insert begin insert

(3) The State Board of Equalization shall provide reimbursement
of any fire prevention fee paid by a person who is eligible for
reimbursement and is the owner of a structure that was determined
by the board, pursuant to paragraph (2), to no longer fall within
the boundaries of that state responsibility area.

end insert begin insert

(4) An owner of a structure in a state responsibility area that
receives reimbursement of that fee pursuant to this subdivision
shall not be entitled to any interest or penalties on any amounts
refunded.

end insert begin insert

(5) Reimbursements provided pursuant to this subdivision shall
only be available for fire prevention fees paid by an owner of a
structure between January 1, 2015, and December 31, 2016.

end insert