AB 1202, as amended, 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.begin insert The bill would require the board to adopt guidelines to clarify the type of written documentation the owner of a structure is required to provide to the board to receive a fee reduction pursuant to those provisions.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4213.1 of the Public Resources Code is
2amended to read:
(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) (1) 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:
14(A) The owner of the habitable structure certifies that the
15structure is not habitable as a result of a natural disaster.
16(B) The owner of the habitable structure either documents that
17the habitable structure passed a defensible space inspection
18conducted by the department or by one of its agents within one
19year of the date the structure was damaged or destroyed or certifies
20that clearance as required under Section 4291 was in place at the
21time that the structure was damaged or destroyed as a result of a
22natural disaster.
23(2) The board shall prepare forms for purposes of the
24certification requirements in
paragraph (1).
25(c) begin insert(1)end insertbegin insert end insertThe board shall reduce the amount of the fire prevention
26fee to be charged on a habitable structure by an amount equal to
27the amount paid by the owner of the structure to a local fire district
28for fire prevention services during the year for which the fee is
29due, if the owner of the structure provides the board with written
30documentation of the amount paid to the local protection district
31for those services.
P3 1(2) The board shall adopt guidelines to clarify the type of written
2documentation the owner of a structure is required to provide to
3the board to receive a
fee reduction pursuant to this subdivision.
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