BILL ANALYSIS Ó
AB 203
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Date of Hearing: March 23, 2015
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Das Williams, Chair
AB 203
Obernolte - As Amended March 17, 2015
SUBJECT: State responsibility areas: fire prevention fees
SUMMARY: Extends the deadline to file a petition for
redetermination of the state responsibility area fire prevention
fee from 30 days to 60 days.
EXISTING LAW:
1)Requires the Board of Forestry (Board) to classify all lands
within the state for the purpose of determining areas in which
the financial responsibility of preventing and suppressing
fires is primarily the responsibility of the state (these
areas are known as "state responsibility area" or "SRA.").
2)Declares that it is necessary to impose a fire prevention fee
to pay for fire prevention activities in the SRA that
specifically benefit owners of structures in the SRA.
3)Requires the Board to adopt regulations to establish a fire
prevention fee in an amount not to exceed $150 (which must be
adjusted every year for inflation) to be charged on each
"structure" on a parcel that is within the SRA. Defines
"structure" as a building used or intended to be used for
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human habitation, including a mobile home or manufactured
home. Reduces the fire prevention fee by $35 if the structure
is also within the boundaries of a local agency that provides
fire protection services (this reduction applies to most
structures).
4)Requires the fire prevention fees to be deposited in the State
Responsibility Area Fire Prevention Fund, which is available
to the Board and the Department of Forestry and Fire
Protection (CAL FIRE) to expend for fire prevention activities
that benefit the owners of structures within the SRA. Limits
fire prevention activities to the following: a) local
assistance grants established by the Board; b) grants to Fire
Safe Councils, the California Conservation Corps, or certified
local conservation corps for fire prevention projects and
activities in the SRA; c) grants to a qualified nonprofit
organization with a demonstrated ability to satisfactorily
plan, implement, and complete a fire prevention project
applicable to the SRA; d) inspections by CAL FIRE for
compliance with defensible space requirements around
structures in the SRA; e) public education to reduce fire risk
in the SRA; f) fire severity and fire hazard mapping by CAL
FIRE in the SRA; and, g) other fire prevention projects in the
SRA that are authorized by the Board.
5)Allows a person to petition CAL-FIRE for a redetermination of
whether the fire prevention fee applies to him or her within
30 days after being served with a notice of determination
(i.e., the notice from CAL FIRE stating that a person must pay
the fire prevention fee).
6)Imposes a 10% penalty for each 30-day period in which the fee
remains unpaid after the fee becomes final.
7)Allows the Board to exempt from the fee any habitable
structure that is subsequently deemed uninhabitable as a
result of a natural disaster during the year for which the fee
is due, as well as one subsequent year if the habitable
structure has not been repaired or rebuilt.
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FISCAL EFFECT: Board of Equalization (BOE) estimates the annual
revenue loss to be about $497,961 (special funds).
Additionally, BOE will incur minor one-time costs for computer
programming and revising publications (special funds).
COMMENTS:
1)Fire Prevention Fee (ABX1 29). In early 2011, the state was
facing a $25.4 billion budget deficit (which grew to $26.6
billion after the governor cancelled the sale of several state
buildings) and an annual structural deficit of up to $21.5
billion was projected into the future. In March 2011, the
Legislature passed $13.4 billion in "solutions" (consisting
mostly of spending cuts) to address the deficit; however,
there was still a shortfall of $10.8 billion. To help address
the budget shortfall, the Legislature passed, among other
bills, ABX1 29, which required the Board to adopt emergency
regulations to establish a "fire prevention fee" not to exceed
$150 for each structure on a parcel that is within the SRA.
The fee was intended to fill a hole created by a $50 million
General Fund cut to CAL FIRE in the 2011 budget bill. The
2014-15 Budget appropriated $76.3 million from SRA revenues to
enhance statewide fire prevention work including, for the
first time, $10 million for local assistance grants to be used
in locations where the effects of drought, fuel loading and
structure development converge.
2)Appeals. Under existing law, a person may appeal a fire
prevention fee billing notice through a petition for a
redetermination if that petition is filed within 30 days of
receiving the billing notice. This bill extends the 30 day
deadline to 60 days.
3)Prior Legislation.
AB 2048 (Dahle, Chesbro, and Gordon), Chapter 895, Statutes of
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2014, among other things, reduced the penalties for each 30
day the fee is unpaid and simplified the appeals process.
SB 1413 (Wyland, 2014) was almost identical to this bill and
was held in Assembly Appropriations.
4)Related legislation.
AB 301 (Bigelow) Requires the state responsibility area fire
prevention fee to be prorated for an owner that owns the
habitable structure for only a portion of the year for which
the fee is due. This bill is also scheduled to be heard by
this committee on March 23rd.
AB 1202 (Mayes) requires the Board to reduce the fee to be
charged on a habitable structure by an amount equal to the
amount paid by the owner of the structure to a local fire
district for fire prevention services. Pending in Assembly
Rules Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
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George Runner, Member, State Board of Equalization (sponsor)
Board of Equalization Member, Diane L. Harkey, District 4
California Farm Bureau Federation
California Fire Chiefs Association
California Taxpayers Association (Cal Tax)
County of San Bernardino
Fire Districts Association of California
Howard Jarvis Taxpayers Association
Plumas County Board of Supervisors
San Diego County Board of Supervisors
Opposition
None on file
Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092