California Legislature—2015–16 Regular Session

Assembly BillNo. 1202


Introduced by Assembly Member Mayes

(Coauthors: Assembly Members Travis Allen, Bigelow, Gallagher, Jones, and Mathis)

February 27, 2015


An act to amend Section 4213.1 of the Public Resources Code, relating to fire prevention.

LEGISLATIVE COUNSEL’S DIGEST

AB 1202, as introduced, Mayes. Fire prevention fee: fee reduction.

Existing law requires the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee to be charged on each habitable structure, as defined, on a parcel that is within a state responsibility area. Existing law requires that the fee be levied upon the owner of a habitable structure identified by the department as located within the state responsibility area, if that person owns the habitable structure on July 1 of the year for which the fee is due. Existing law authorizes the board to exempt from the fire prevention fee any habitable structure that is subsequently deemed inhabitable as a result of a natural disaster during the year the fee is due, if certain conditions are met.

This bill would require the board to reduce the amount of 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 during the year for which the fee is due, if the owner of the structure provides the board with written documentation of the amount paid to the local fire district for those services.

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

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

P2    1

SECTION 1.  

Section 4213.1 of the Public Resources Code is
2amended to read:

3

4213.1.  

(a) The fire prevention fee imposed pursuant to Section
44212 shall be levied upon the owner of a habitable structure
5identified by the department as located within the state
6responsibility area, if that person owns the habitable structure on
7July 1 of the year for which the fee is due.

8(b) begin insert(1)end insertbegin insertend insert The board may exempt from the fire prevention fee any
9habitable structure that is subsequently deemed uninhabitable as
10a result of a natural disaster during the year for which the fee is
11due, as well as one subsequent year if the habitable structure has
12not been repaired or rebuilt. The board shall consider granting an
13exemption only if both of the following conditions are met:

begin delete

14(1)

end delete

15begin insert(A)end insert The owner of the habitable structure certifies that the
16structure is not habitable as a result of a natural disaster.

begin delete

17(2)

end delete

18begin insert(B)end insert The owner of the habitable structure either documents that
19the habitable structure passed a defensible space inspection
20conducted by the department or by one of its agents within one
21year of the date the structure was damaged or destroyed or certifies
22that clearance as required under Section 4291 was in place at the
23time that the structure was damaged or destroyed as a result of a
24natural disaster.

begin delete

25(c)

end delete

26begin insert(2)end insert The board shall prepare forms for purposes of the
27certification requirements inbegin delete subdivision (b)end deletebegin insert paragraph (1)end insert.

begin insert

28(c) The board shall reduce the amount of the fire prevention fee
29to be charged on a habitable structure by an amount equal to the
30amount paid by the owner of the structure to a local fire district
31for fire prevention services during the year for which the fee is
32due, if the owner of the structure provides the board with written
P3    1documentation of the amount paid to the local protection district
2for those services.

end insert


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