BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 301


                                                                    Page  1





          Date of Hearing:  April 13, 2015


                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES


                                 Das Williams, Chair


          AB 301  
          (Bigelow) - As Introduced February 12, 2015


          SUBJECT:  State responsibility areas:  fire prevention fees


          SUMMARY: 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.  


          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  








                                                                     AB 301


                                                                    Page  2





            "structure" as a building used or intended to be used for  
            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). Defines "owner of a habitable structure" as the  
            person that is the owner of record of a habitable structure in  
            the county tax assessor rolls or as recorded in the records of  
            the Department of Housing and Community Development (HCD) on  
            July 1 of the state fiscal year for which the fee is due.

          4)Requires the fee be levied upon the owner of a habitable  
            structure if that person owns the habitable structure on July  
            1 of the year for which the fee is due.

          5)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.  

          6)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).








                                                                     AB 301


                                                                    Page  3






          7)Imposes a 10% penalty for each 30-day period in which the fee  
            remains unpaid after the fee becomes final. 

          8)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.

          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Author's statement. 
            
            Currently if a habitable structure changes ownership, the  
            owner of the structure on July 1 must pay the entire fee for  
            the year. AB 301 aims to change that by requiring that the fee  
            be prorated for an owner, if the owner owns a habitable  
            structure for only a portion of the year for which the fee is  
            due.  This proration of the fee would ensure that all parties  
            are contributing the correct amount and not over paying.  

          2)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  








                                                                     AB 301


                                                                    Page  4





            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.

          3)Billing. CAL FIRE contracts the job of identifying fee payers  
            to a Designated Fee Administrator (DFA). The DFA contacts tax  
            assessors in all of the counties with SRA and contacts HCD to  
            get a list of habitable structures and their owners on July 1.  
            The DFA then overlays the list of habitable structures with  
            the SRA boundaries that CAL FIRE provides. The DFA develops a  
            list of fee payers and provides that list to the Board of  
            Equalization (BOE) for them to bill. The DFA also runs the  
            call center that answers calls from fee-payers and also  
            processes petitions for redetermination (appeals) from  
            fee-payers. BOE does not receive the list of fee payers until  
            January and when taking into account the appeals process, the  
            billing process can take until the next fiscal year to fully  
            complete. This process represents a significant portion of the  
            $15.5 million in administration costs that was budgeted for  
            2014-15. If the fee was prorated the billing process would be  
            more costly, complicated and time consuming.

          4)Owner of a habitable structure. Statute defines "owner of a  
            habitable structure" as the person that is the owner of record  
            of a habitable structure in the county tax assessor rolls or  
            as recorded in the records of the HCD on July 1 of the state  
            fiscal year for which the fee is due. This bill requires  
            prorating the fee for the owner of a habitable structure, but  
            does not change the definition of owner of a habitable  
            structure. Therefore, a new owner who bought the habitable  
            structure after July 1 would not have to pay the fee until  
            they owned the property on July 1. The author's office  
            indicates this was not their intent and they would want the  
            new owner to pay their share of the prorated bill.  
           
          5)Allowing owners to work it out. Rather than requiring CAL FIRE  








                                                                     AB 301


                                                                    Page  5





            and BOE to track all fee payers home or mobile home sales,  
            which would dramatically increase the cost of administering  
            the fire prevention fee, and therefore reduce how much fire  
            prevention work could be done, it might be more prudent to  
            allow buyers and sellers to work out who pays what portion of  
            the fee during the sales transaction of the habitable  
            structure. The author and the committee may wish to consider  
            removing the requirement that the fee be prorated and instead  
            require CAL FIRE to notify fee payers that they may negotiate  
            the apportionment of the fee between the parties.

          6)Prior legislation. 
          
            AB 2048 (Dahle, Chesbro, and Gordon), Chapter 895, Statutes of  
            2014 reduced the penalties for each 30 day period the fee is  
            unpaid, simplified the appeals process and authorized the  
            Board to exempt from the fee any habitable structure that is  
            subsequently deemed uninhabitable as a result of a natural  
            disaster. 


          7)Related legislation. 
            
            AB 203 (Obernolte) extends the deadline to file a petition for  
            redetermination of the SRA fire prevention fee from 30 to 60  
            days. This bill was heard by this committee on March 23rd and  
            is awaiting hearing in Assembly Appropriations Committee.

            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. This bill is in  
            Assembly Natural Resources Committee. 

          REGISTERED SUPPORT / OPPOSITION:












                                                                     AB 301


                                                                    Page  6





          Support


          California Taxpayers Association (Cal Tax) 


          California Farm Bureau Federation


          Howard Jarvis Taxpayers Association


          San Diego County Board of Supervisors




          Opposition


          None on file




          Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092