BILL NUMBER: SB 832 AMENDED
BILL TEXT
AMENDED IN SENATE FEBRUARY 14, 2014
INTRODUCED BY Senator Gaines
(Principal coauthor: Assembly Member Dahle)
JANUARY 6, 2014
An act to amend Section 4212 of add
Section 5003.20 to the Public Resources Code, relating to
forestry and fire prevention state parks
.
LEGISLATIVE COUNSEL'S DIGEST
SB 832, as amended, Gaines. Forestry and fire prevention:
fire prevention fees: natural disasters. State parks:
Kings Beach State Recreation Area.
Under existing law, the Department of Parks and Recreation is
required to operate, manage, and maintain units of the state park
system. Existing law regulates the sale of surplus state property.
This bill would authorize the Director of Parks and Recreation to
grant to the North Tahoe Public Utility District, subject to
specified conditions, all of the rights, title, and interest of the
state in the Kings Beach State Recreational Area, in the County of
Placer. The bill would require that the real property conveyed be
operated, maintained, and improved by the North Tahoe Public Utility
District for public recreation purposes, as defined.
Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas. Existing law further required the board, 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 to adjust the fee annually using prescribed
methods. Existing law requires the State Board of Equalization to
collect the fees, as prescribed.
This bill would exempt the owner of a property that is within a
state responsibility area from payment of the fire prevention fee
imposed pursuant to those provisions with respect to a structure, as
defined, on the property has been destroyed, or significantly
damaged, as a result of a natural disaster.
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 5003.20 is added to the
Public Resources Code , to read:
5003.20. (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the North Tahoe Public Utility District,
subject to the conditions set forth in this section, all of the
rights, title, and interest of the state in the Kings Beach State
Recreation Area, in the County of Placer.
(b) The grant shall be subject to all of the following conditions:
(1) The real property conveyed shall be operated, maintained, and
improved by the North Tahoe Public Utility District for public
recreation purposes in perpetuity, consistent with any covenants,
conditions, and restrictions in the deed transferring the property.
The North Tahoe Public Utility District shall operate and keep open
the property and its parking facilities on a year-round basis.
(2) The North Tahoe Public Utility District shall pay the
department fair market value, in accordance with mutually agreed upon
terms, for the real property conveyed and as restricted by paragraph
(1). The fair market value shall be determined by an appraisal that
is reviewed and approved by the Department of General Services.
(3) At the option of the state, the real property conveyed shall
revert to the state if the real property is not used for public
recreation purposes.
(4) The North Tahoe Public Utility District shall take the
property as is and assume responsibility for compliance with the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. Sec.
12101 et seq.).
(c) The Legislature finds and declares that the transfer to the
North Tahoe Public Utility District of the real property described in
subdivision (a) and subject to the conditions specified in
subdivision (b) is excepted from the provisions of Section 5096.516
in accordance with paragraph (3) of subdivision (c) of Section
5096.516.
(d) For purposes of this section "public recreation purposes"
includes, but is not limited to, beach use, use of parking facilities
for events by community residents, visitors, and concessionaires,
and other uses appropriate to generate funding to support those uses
on the property.
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) Notwithstanding any other law or regulation, the owner of a
property that is within a state responsibility area shall be exempt
from the payment of the fire prevention fee imposed pursuant to this
section with respect to a structure on the property has been
destroyed, or significantly damaged, as a result of a natural
disaster.