Amended in Senate July 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 232

Introduced by Assembly Member begin delete Travis Allen end delete begin insert Obernolte end insert

begin insert

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

end insert begin insert

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

end insert

February 4, 2015

An act to amend Section begin delete 5080.40 of end delete begin insert 4222 of, and to amend, repeal, and add Sections 4213 and 4220 of, end insert the Public Resources Code, relating to begin delete parks and monuments. end delete begin insert forestry and fire prevention, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 232, as amended, begin delete Travis Allen end delete   begin insert Obernolte end insert . begin delete Parks and monuments: operating leases or agreements. end delete begin insert State responsibility areas: fire prevention fees. end insert

begin insert

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 a fire prevention fee be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires that the fee 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.

end insert begin insert

This bill would, for a period of 5 years, extend the time when the annual fire prevention fee is due and payable from 30 to 60 days from the date of assessment by the State Board of Equalization and authorize the petition for redetermination to be filed within 60 days after service of the notice of determination, as specified.

end insert begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert begin delete

Existing law authorizes the Department of Parks and Recreation to enter into agreements with an agency of the United States, a city, county, district, or other public agency, or any combination thereof, for the care, maintenance, administration, and control by a party to the agreement of lands under the jurisdiction of a party to the agreement, for the purpose of the state park system. Existing law prohibits the department from entering into an operating lease or agreement, or amendment, unless one of 2 conditions are met including if, following enactment of the annual Budget Act, the State Public Works Board determines, among other things, that the proposed lease or agreement, or amendment, could not have been presented to the Legislature for review during the annual budget process, as provided. In those circumstances existing law authorizes the board to review and approve the proposed lease or agreement, or amendment, no earlier than 20 days after it has provided written notification to the chairpersons of certain legislative committees, as provided.

end delete begin delete

This bill would instead authorize the board to review and approve a proposed lease or agreement, or amendment, no earlier than 30 days after it has provided written notification to the chairpersons of those legislative committees, as provided.

end delete

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . 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 4213 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4213.  

(a) (1)  begin delete Commencing with the 2011-12 fiscal year, the end delete
begin insert The end insert 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 begin delete it is determined by end delete the department or a reviewing court
begin insert determines end insert 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 begin delete 30 end delete
begin insert 60 end insert 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)  begin delete Commencing with the 2012-13 fiscal year, if end delete begin insert If end insert 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 insert

(e) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4213 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4213. end insert   

(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 30
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.

(e) This section shall become operative on the date that is five
years after the effective date of the act adding this section.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

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

4220.  

begin insert (a) end insert begin insert   end insert 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 begin delete 30 end delete begin insert 60 end insert days after service upon him or her of a notice of the
determination. If a petition for redetermination is not filed within
the begin delete 30-day end delete begin insert 60-day end insert period, the amount determined to be due
becomes final at the expiration of the begin delete 30-day end delete begin insert 60-day end insert period.

begin insert

(b) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4220 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4220. end insert   

(a) 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 30 days after service upon him or her of a notice of the
determination. If a petition for redetermination is not filed within
the 30-day period, the amount determined to be due becomes final
at the expiration of the 30-day period.

(b) This section shall become operative on the date that is five
years after the effective date of the act adding this section.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

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

4222.  

If a petition for redetermination of the application of this
chapter is filed within the begin delete 30-day period, end delete begin insert period specified in
subdivision (a) of Section 4220, end insert 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.

begin insert

begin insert SEC. 6. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order to ensure a smooth beginning for the 2016 fire
prevention fee collection period and to provide relief at the earliest
possible time to the rural property owners that this act seeks to
assist, it is necessary that this act take effect immediately.

end insert

begin delete

SECTION 1.  

Section 5080.40 of the Public Resources Code
is amended to read:

5080.40.  

(a) An operating lease or agreement shall not be
entered into, or amended, pursuant to this article unless one of the
following occurs:

(1) The Legislature reviews the lease or agreement, or
amendment, as part of the annual budget process.

(2) Following enactment of the annual Budget Act, the State
Public Works Board determines that the proposed lease or
agreement, or amendment, could not have been presented to the
Legislature for review during the annual budget process, or that
the proposed lease or agreement, or amendment, was reviewed
during the annual budget process but it is necessary to revise the
terms of the lease or agreement, or amendment, in a material
respect, and the State Public Works Board determines that it is
adverse to the interests of the public to defer that review to the
next annual budget process. Upon making its determination, the
State Public Works Board may review and approve the proposed
lease or agreement, or amendment, or any revision thereof, no
earlier than 30 days after providing written notification to the
Chairperson of the Joint Legislative Budget Committee, the
Chairperson of the Assembly Committee on Appropriations, and
the Chairperson of the Senate Committee on Budget and Fiscal
Review of the intended action. An action taken by the State Public
Works Board pursuant to this paragraph shall be reported to the
Legislature in the next Governor’s Budget.

(b) The department shall include with the proposed lease or
agreement, or amendment, sufficient documentation to enable the
Legislature or the State Public Works Board, as the case may be,
to evaluate fully the estimated operating costs and revenues and
all terms upon which the lease or agreement, or amendment, is
proposed to be entered into. Specifically, the documentation shall
identify both of the following:

(1) Any anticipated costs to the state for operation or
development under the lease or agreement, or amendment, and the
anticipated state share of total operation and development costs.

(2) The anticipated annual revenues, net of operation costs, for
the unit and the state’s share of these revenues.

(c) Leases or agreements shall be exempt from subdivisions (a)
and (b) when all of the following conditions exist:

(1) The lease or agreement involves operation of only a portion
of a unit of the state park system.

(2) The term of the lease or agreement is for a period of 20 years
or less.

(3) The lease’s or agreement’s impact to the unit, including
concessions revenue, will not exceed five hundred thousand dollars
($500,000) in annual gross revenue generated on the property.

(4) The lease or agreement does not involve a significant change
in state operational funding or staffing levels, and does not include
present or future state expenditures for development of the unit.

(d) An amendment to an existing lease or agreement shall be
exempt from subdivisions (a) and (b) when all of the following
conditions exist:

(1) The amendment involves operation of only a portion of a
unit of the state park system.

(2) The amendment’s impact to the unit will not exceed five
hundred thousand dollars ($500,000) in annual gross revenue
generated on the property.

(3) The amendment does not involve a significant change in
state operational funding or staffing levels, and does not include
present or future state expenditures for development of the unit.

end delete