BILL NUMBER: SB 1136	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Morrell
   (Coauthors: Senators Anderson, Gaines, McGuire, and Nielsen)
   (Coauthors: Assembly Members Bigelow, Harper, and Olsen)

                        FEBRUARY 18, 2016

   An act to amend Section 4214 of the Public Resources Code,
relating to fire prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1136, as amended, Morrell. Fire prevention: state
responsibility areas: report.
   Existing law requires the State Board of Forestry and Fire
Protection to adopt emergency regulations to establish a fire
prevention fee in amount not to exceed $150 to be charged on each
 habitable  structure,  defined as a building used
or intended to be used for human habitation,   as
defined,  on a parcel that is within a state responsibility
area, as defined. Existing law requires the state board to adjust the
fire prevention fee annually using prescribed methods, and requires
the state board, until January 31, 2017, to  submit a 
report to the Legislature every January 31 on the status and uses of
the  fund.   fund, containing specified
information and recommendations.
   This bill would extend to January 31, 2021, the time until which
the state board is required to  submit the  report to the
Legislature, and would additionally require that the report include
specified information on each program  and subprogram  for
which the Department of Forestry and Fire Protection uses money
generated from that fire prevention fee.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4214 of the Public Resources Code is amended to
read:
   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.
   (7) 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 include
 a   all of the following for each reporting
period: 
    (1)     A  description of each program
and subprogram  element  for which the department uses
money generated from the fire prevention fee, including an itemized
accounting of expenditures for each program and  subprogram,
an   subprogram element. 
    (2)     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, and  measures to
increase compliance, if  any, and any recommendations
  any.  
   (3) An accounting of expenditures for equipment.  
   (4) Positions that are associated with each expenditure. 

   (5) A description of the grants awarded and expenditures of grant
moneys. 
    (6)     Any recommendations  to the
Legislature  on the status and uses of the fund  .
   (g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 31, 2021, 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.