Senate BillNo. 125


Introduced by Senator Gaines

January 22, 2013


An act to amend Section 4212 of the Public Resources Code, relating to fire prevention.

LEGISLATIVE COUNSEL’S DIGEST

SB 125, as introduced, Gaines. State responsibility areas: fire prevention 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 structure, as defined 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. Existing law establishes the State Responsibility Area Fire Prevention Fund and prohibits the collection of fire prevention fees if, commencing with the 2012-13 fiscal year, there are sufficient amounts of moneys in the fund to finance specified fire prevention activities for a fiscal year. Existing law requires that the fire prevention fees collected, except as provided, be deposited into the fund and be made available, to the board and the Department of Forestry and Fire Protection for certain specified fire protection activities that benefit the owners of structures in state responsibility areas who are required to pay the fee. Existing law further requires the board, on and after January 1, 2013, to submit an annual written report to the Legislature on specified topics.

This bill would exempt a property owner of a structure that is both within a state responsibility area and within the boundaries of a local fire district that provides fire protection services in the district from the payment of the above-described fire prevention fee.

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

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

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SECTION 1.  

Section 4212 of the Public Resources Code is
2amended to read:

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4212.  

(a) (1) By September 1, 2011, the board shall adopt
4emergency regulations to establish a fire prevention fee for the
5purposes of this chapter in an amount not to exceed one hundred
6fifty dollars ($150) to be charged on each structure on a parcel that
7is within a state responsibility areabegin insert, except as provided in end insert
8begin insertsubdivision (d)end insert.

9(2) The Legislature finds and declares that a fire prevention fee
10of not more than one hundred fifty dollars ($150) is a reasonable
11amount for the necessary fire prevention activities of the state that
12benefit the owner of a structure within a state responsibility area.

13(b) On July 1, 2013, and annually thereafter, the board shall
14adjust the fire prevention fees imposed pursuant to this chapter to
15reflect the percentage of change in the average annual value of the
16Implicit Price Deflator for State and Local Government Purchases
17of Goods and Services for the United States, as calculated by the
18United States Department of Commerce for the 12-month period
19in the third quarter of the prior calendar year, as reported by the
20Department of Finance.

21(c) Emergency regulations adopted pursuant to subdivision (a)
22shall be adopted in accordance with the rulemaking provisions of
23the Administrative Procedure Act (Chapter 3.5 (commencing with
24Section 11340) of Part 1 of Division 3 of Title 2 of the Government
25Code). The adoption of emergency regulations shall be deemed
26an emergency and necessary for the immediate preservation of the
27public peace, health, and safety, or general welfare.

begin insert

28(d) Notwithstanding any other law, a property owner of a
29habitable structure that is both within a state responsibility area
30and within the boundaries of a local fire district that provides fire
31protection service in the district shall be exempt from the payment
32of the fire prevention fee required under subdivision (a).

end insert


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