Amended in Assembly June 2, 2015

Amended in Assembly March 17, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 203

Introduced by Assembly Member Obernolte

(Coauthors: Assembly Members Alejo, Bigelow, Dodd, Gallagher, Gipson, Gordon, Gray, Lackey, Levine, Mayes, Melendez, Olsen, Quirk, Waldron, Wilk, and Wood)

(Coauthors: Senators Hill, Liu, McGuire, Morrell, Nielsen, and Roth)

January 29, 2015

An act to amend Sections begin insert 4212, end insert 4213, 4220, and 4222 of the Public Resources Code, relating to forestry and fire prevention.

LEGISLATIVE COUNSEL’S DIGEST

AB 203, as amended, Obernolte. State responsibility areas: fire prevention fees.

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, as defined. Existing law requires begin delete that end delete begin insert the State Board of Forestry and Fire Protection, by September 1, 2011, to adopt emergency regulations to establish end insert a fire prevention fee begin insert in an amount not to exceed $150 to end insert be charged on each habitable structure on a parcel that is within a state responsibility begin delete area, end delete begin insert area. Existing law authorizes the State Board of Forestry and Fire Protection, on July 1, 2013, and annually thereafter, to adjust the fire prevention fee, as specified. Existing law requires the fire prevention fee to be end insert collected annually by the State Board of Equalization, in accordance with specified procedures, and specifies that the annual fee shall be due and payable 30 days from the date of assessment by the state board. Existing law authorizes a petition for redetermination of the fee to be filed within 30 days after service of a notice of determination, as specified.

This bill would begin insert require the State Board of Forestry and Fire Protection, by July 1, 2016, to amend those emergency regulations to establish a fire prevention fee in an amount not to exceed $152.33 and would authorize the board, on July 1, 2017, and annually thereafter, to adjust the fire prevention fee, as specified. The bill would end insert extend the time when the fire prevention fee is due and payable from 30 to 60 days from the date of assessment by the State Board of Equalization and would authorize the petition for redetermination to be filed within 60 days after service of the notice of determination, as specified.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

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 begin delete September 1, 2011, end delete begin insert July 1, 2016, end insert the board
shall begin delete adopt end delete begin insert amend the existing end insert emergency regulations to establish
a fire prevention fee for the purposes of this chapter in an amount
not to exceed begin delete one hundred fifty dollars ($150) end delete begin insert one hundred fifty-two
dollars and thirty-three cents ($152.33) end insert to be charged on each
habitable 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 begin delete one hundred fifty dollars ($150) end delete begin insert one hundred
fifty-two dollars and thirty-three cents ($152.33) end insert is a reasonable
amount for the necessary fire prevention activities of the state that
benefit the owner of a habitable structure within a state
responsibility area.

(b) On July 1, begin delete 2013, end delete begin insert 2017, end insert and annually thereafter, the board
may adjust the fire prevention begin delete fees end delete begin insert fee end insert 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 begin delete adopted end delete begin insert amended end insert pursuant to
subdivision (a) shall be begin delete adopted end delete begin insert amended end insert 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 begin delete adoption end delete
begin insert amendment end insert of emergency regulations shall be deemed an
emergency and necessary for the immediate preservation of the
public peace, health, and safety, or general welfare.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 4213 of the Public Resources Code is amended
to read:

4213.  

(a) (1) The fire prevention fee imposed pursuant to
Section 4212 shall be collected annually by the State Board of
Equalization in accordance with the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of
the Revenue and Taxation Code).

(2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the department that a person
is required to pay a fire prevention fee, or a determination by the
department regarding the amount of that fee, is subject to review
under Article 2 (commencing with Section 4220) and is not subject
to a petition for redetermination by the State Board of Equalization.

(3) (A) Notwithstanding the refund provisions in the Fee
Collection Procedures Law, the State Board of Equalization shall
not accept any claim for refund that is based on the assertion that
a determination by the department improperly or erroneously
calculated the amount of the fire prevention fee, or incorrectly
determined that the person is subject to that fee, unless that
determination has been set aside by the department or a court
reviewing the determination of the department.

(B) If the department or a reviewing court determines that a
person is entitled to a refund of all or part of the fire prevention
fee, the person shall make a claim to the State Board of
Equalization pursuant to Chapter 5 (commencing with Section
55221) of Part 30 of Division 2 of the Revenue and Taxation Code.

(b) The annual fire prevention fee shall be due and payable 60
days from the date of assessment by the State Board of
Equalization.

(c) On or before each January 1, the department shall annually
transmit to the State Board of Equalization the appropriate name
and address of each person who is liable for the fire prevention
fee and the amount of the fee to be assessed, as authorized by this
article, and at the same time the department shall provide to the
State Board of Equalization a contact telephone number for the
board to be printed on the bill to respond to questions about the
fee.

(d) If in any given fiscal year there are sufficient amounts of
money in the State Responsibility Area Fire Prevention Fund
created pursuant to Section 4214 to finance the costs of the
programs under subdivision (d) of Section 4214 for that fiscal year,
the fee may not be collected that fiscal year.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 4220 of the Public Resources Code is amended
to read:

4220.  

A person from whom the fire prevention fee is
determined to be due under this chapter may petition for a
redetermination of whether this chapter applies to that person
within 60 days after service upon him or her of a notice of the
determination. If a petition for redetermination is not filed within
the 60-day period, the amount determined to be due becomes final
at the expiration of the 60-day period.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 4222 of the Public Resources Code is amended
to read:

4222.  

If a petition for redetermination of the application of this
chapter is filed within the 60-day period, the department shall
reconsider whether the fee is due and make a determination in
writing. The department may eliminate the fee based on a
determination that this chapter does not apply to the person who
filed the petition.