SB 147, as introduced, Gaines. State responsibility areas: fire prevention fees.
(1) 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 on a parcel that is within a state responsibility area, and requires the board to adjust the fire prevention fee annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fees, as prescribed.
This bill would exempt a property owner of a structure on a parcel that is within a state responsibility area from payment of the fire prevention fee imposed pursuant to those provisions if the property owner has an income of less than 200% of the federal poverty level, as specified.
(2) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4212 of the Public Resources Code is
2amended to read:
(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 area.
8(2) The Legislature finds and declares that a fire prevention fee
9of not more than one hundred fifty dollars ($150) is a reasonable
10amount for the necessary fire prevention activities of the state that
11benefit the owner of a structure within a state responsibility area.
12(b) On July 1, 2013, and annually thereafter, the board shall
13adjust the fire prevention fees imposed pursuant to this chapter to
14
reflect the percentage of change in the average annual value of the
15Implicit Price Deflator for State and Local Government Purchases
16of Goods and Services for the United States, as calculated by the
17United States Department of Commerce for the 12-month period
18in the third quarter of the prior calendar year, as reported by the
19Department of Finance.
20(c) Emergency regulations adopted pursuant to subdivision (a)
21shall be adopted in accordance with the rulemaking provisions of
22the Administrative Procedure Act (Chapter 3.5 (commencing with
23Section 11340) of Part 1 of Division 3 of Title 2 of the Government
24Code). The adoption of emergency regulations shall be deemed
25an emergency and necessary for the immediate preservation of the
26public peace, health, and safety, or general welfare.
27(d) Notwithstanding
any other law or regulation, a property
28owner of a structure on a parcel that is within a state responsibility
29area shall be exempt from the payment of the fire prevention fee
30imposed pursuant to this section if the property owner has an
31income of less than 200 percent of the federal poverty level, as
32determined by the United States Department of Health and Human
33Services Poverty Guidelines.
This act is an urgency statute necessary for the
35immediate preservation of the public peace, health, or safety within
36the meaning of Article IV of the Constitution and shall go into
37immediate effect. The facts constituting the necessity are:
P3 1In order to make statutory changes necessary to provide
2economic relief to low-income property owners of a structure on
3a parcel within a state responsibility area by exempting those
4property owners from the payment of the fire prevention fee, at
5the earliest possible time, it is necessary that this act take effect
6immediately.
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