Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2035

Introduced by Assembly Member Bigelow

February 16, 2016

An act to amend Section begin delete 4171 end delete begin insert 4214 end insert of the Public Resources Code, relating to begin delete forest fires. end delete begin insert fire prevention. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2035, as amended, Bigelow. begin delete Forest fires: public nuisance. end delete begin insert State responsibility areas: payments to local government entities: fire prevention activities. end insert

begin insert Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee to be charged on each habitable structure, defined as a building used or intended to be used for human habitation, on a parcel that is within a state responsibility area, as defined. Existing law requires that moneys collected from the fee be deposited into the State Responsibility Area Fire Prevention Fund and be available, upon appropriation, to the board and the Department of Forestry and Fire Protection for specified fire prevention activities that benefit the owners of habitable structures within a state responsibility area who are required to pay the fee, as prescribed. Existing law requires the board, among other things, to establish a local assistance grant program for those fire prevention activities provided by counties and other local agencies with state responsibility areas within their jurisdictions. end insert

begin insert This bill would also expressly authorize the use of moneys in the fund for payments to local government entities that carry out fire prevention activities in state responsibility areas pursuant to an agreement with the department. end insert

begin delete

Existing law provides that a condition endangering public safety by creating a fire hazard and that exists upon property in a state responsibility area is a public nuisance.

end delete begin delete

This bill would make nonsubstantive changes to this law.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 4214 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4214.  

(a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:

(1) The State Board of Equalization shall retain moneys
necessary for the payment of refunds pursuant to Section 4228 and
reimbursement of the State Board of Equalization for expenses
incurred in the collection of the fee.

(2) The moneys collected, other than those retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of habitable
structures within a state responsibility area who are required to
pay the fire prevention fee. The amount expended to benefit the
owners of habitable structures within a state responsibility area
shall be commensurate with the amount collected from the owners
within that state responsibility area. All moneys in excess of the
costs of administration of the board and the department shall be
expended only for fire prevention activities in counties with state
responsibility areas.

(b) (1) The fund may also be used to cover the costs of
administering this chapter.

(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.

(c) It is the intent of the Legislature that the moneys in this fund
be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.

(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of habitable
structures within the state responsibility areas who are required to
pay the annual fire prevention fee pursuant to this chapter:

(1) Local assistance grants pursuant to subdivision (e).

(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.

(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility areas.
The department may establish other qualifying criteria.

(4) Inspections by the department for compliance with defensible
space requirements around habitable structures in state
responsibility areas as required by Section 4291.

(5) Public education to reduce fire risk in the state responsibility
areas.

(6) Fire severity and fire hazard mapping by the department in
the state responsibility areas.

begin insert

(7) Payments to local government entities that carry out fire
prevention activities in state responsibility areas pursuant to an
agreement with the department.

end insert begin delete

(7)

end delete

begin insert (8) end insert  Other fire prevention projects in the state responsibility
areas, authorized by the board.

(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit habitable structures
within state responsibility areas, including public education, that
are provided by counties and other local agencies, including special
districts, with state responsibility areas within their jurisdictions.

(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of habitable
structures in state responsibility areas for which the applicant is
legally responsible and the amount of moneys made available in
the annual Budget Act for this local assistance grant program.

(f) By January 31, 2015, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The written report shall also
include an evaluation of the benefits received by counties based
on the number of habitable structures in state responsibility areas
within their jurisdictions, the effectiveness of the board’s grant
programs, the number of defensible space inspections in the
reporting period, the degree of compliance with defensible space
requirements, measures to increase compliance, if any, and any
recommendations to the Legislature.

(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 31, 2017, pursuant to
Section 10231.5 of the Government Code.

(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government
Code.

(h) It is essential that this article be implemented without delay.
To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or
any other provision of law related to public contracting shall not
apply.

begin delete

SECTION 1.  

Section 4171 of the Public Resources Code is
amended to read:

4171.  

A condition endangering public safety by creating a fire
hazard and that exists upon property that is included within a state
responsibility area is a public nuisance.

end delete