BILL NUMBER: AB 203 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2015
AMENDED IN ASSEMBLY MARCH 17, 2015
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 4212, 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
that the State Board of Forestry and Fire Protection,
by 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, 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 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 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 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:
SECTION 1. Section 4212 of the Public
Resources Code is amended to read:
4212. (a) (1) By September 1, 2011, July
1, 2016, the board shall adopt amend
the existing 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) one
hundred fifty-two dollars and thirty-three cents ($152.33) 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 one hundred fifty dollars ($150)
one hundred fifty-two dollars and thirty-three cents ($152.33)
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, 2013, 2017, and
annually thereafter, the board may adjust the fire prevention
fees fee 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 amended
pursuant to subdivision (a) shall be adopted
amended 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 amendment of
emergency regulations shall be deemed an emergency and necessary for
the immediate preservation of the public peace, health, and safety,
or general welfare.
SECTION 1. SEC. 2. 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.
SEC. 2. SEC. 3. 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.
SEC. 3. SEC. 4. 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.