Amended in Senate April 5, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1136


Introduced by Senator Morrell

(Coauthors: Senators Anderson,begin insert Bates, Berryhill, Fuller,end insert Gaines, McGuire,begin delete and Nielsenend deletebegin insert Nielsen, and Runnerend insert)

(Coauthors: Assembly Members Bigelow,begin insert Gallagher,end insert Harper,begin delete and Olsenend deletebegin insert Jones, Obernolte, Olsen, and Wagnerend insert)

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, 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, 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 eachbegin delete program and subprogramend deletebegin insert program, subprogram, and elementend insert for which the Department of Forestry and Fire Protection uses money generated from that fire preventionbegin delete fee.end deletebegin insert fee, and other information regarding fund expenditures, as provided.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:

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SECTION 1.  

Section 4214 of the Public Resources Code is
2amended to read:

3

4214.  

(a) Fire prevention fees collected pursuant to this chapter
4shall be expended, upon appropriation by the Legislature, as
5follows:

6(1) The State Board of Equalization shall retain moneys
7necessary for the payment of refunds pursuant to Section 4228 and
8reimbursement of the State Board of Equalization for expenses
9incurred in the collection of the fee.

10(2) The moneys collected, other than those retained by the State
11Board of Equalization pursuant to paragraph (1), shall be deposited
12into the State Responsibility Area Fire Prevention Fund, which is
13hereby created in the State Treasury, and shall be available to the
14board and the department to expend for fire prevention activities
15specified in subdivision (d) that benefit the owners of habitable
16structures within a state responsibility area who are required to
17pay the fire prevention fee. The amount expended to benefit the
18owners of habitable structures within a state responsibility area
19shall be commensurate with the amount collected from the owners
20within that state responsibility area. All moneys in excess of the
21costs of administration of the board and the department shall be
22expended only for fire prevention activities in counties with state
23responsibility areas.

24(b) (1) The fund may also be used to cover the costs of
25administering this chapter.

26(2) The fund shall cover all startup costs incurred over a period
27not to exceed two years.

28(c) It is the intent of the Legislature that the moneys in this fund
29be fully appropriated to the board and the department each year
30in order to effectuate the purposes of this chapter.

31(d) Moneys in the fund shall be used only for the following fire
32prevention activities, which shall benefit owners of habitable
P3    1structures within the state responsibility areas who are required to
2pay the annual fire prevention fee pursuant to this chapter:

3(1) Local assistance grants pursuant to subdivision (e).

4(2) Grants to Fire Safe Councils, the California Conservation
5Corps, or certified local conservation corps for fire prevention
6projects and activities in the state responsibility areas.

7(3) Grants to a qualified nonprofit organization with a
8demonstrated ability to satisfactorily plan, implement, and complete
9a fire prevention project applicable to the state responsibility areas.
10The department may establish other qualifying criteria.

11(4) Inspections by the department for compliance with defensible
12space requirements around habitable structures in state
13responsibility areas as required by Section 4291.

14(5) Public education to reduce fire risk in the state responsibility
15areas.

16(6) Fire severity and fire hazard mapping by the department in
17the state responsibility areas.

18(7) Other fire prevention projects in the state responsibility
19areas, authorized by the board.

20(e) (1) The board shall establish a local assistance grant program
21for fire prevention activities designed to benefit habitable structures
22within state responsibility areas, including public education, that
23are provided by counties and other local agencies, including special
24districts, with state responsibility areas within their jurisdictions.

25(2) In order to ensure an equitable distribution of funds, the
26amount of each grant shall be based on the number of habitable
27structures in state responsibility areas for which the applicant is
28legally responsible and the amount of moneys made available in
29the annual Budget Act for this local assistance grant program.

30(f) By January 31, 2015, and annually thereafter, the board shall
31submit to the Legislature a written report on the status and uses of
32the fund pursuant to this chapter. The written report shall include
33all of the following for each reporting period:

34(1) A description of eachbegin delete program and subprogramend deletebegin insert program,
35subprogram, andend insert
element for which the department uses money
36generated from the fire prevention fee, including an itemized
37accounting of expenditures for eachbegin delete program and subprogramend delete
38begin insert program, subprogram, andend insert element.

39(2) An evaluation of the benefits received by counties based on
40the number of habitable structures in state responsibility areas
P4    1within their jurisdictions, the effectiveness of the board’s grant
2programs, the number of defensible space inspections in the
3reporting period, the degree of compliance with defensible space
4requirements, and measures to increase compliance, if any.

5(3) An accounting of expenditures for equipment.

6(4) Positions that are associated with each expenditure.

7(5) A description of the grants awarded and expenditures of
8grant moneys.

begin insert

9
(6) A description of actual expenditures for the past fiscal year
10and the current fiscal year and estimated expenditures for the
11budget year.

end insert
begin delete

12(6)

end delete

13begin insert(7)end insert Any recommendations to the Legislature on the status and
14uses of the fund.

15(g) (1) The requirement for submitting a report imposed under
16subdivision (f) is inoperative on January 31, 2021, pursuant to
17Section 10231.5 of the Government Code.

18(2) A report to be submitted pursuant to subdivision (f) shall be
19submitted in compliance with Section 9795 of the Government
20Code.

21(h) It is essential that this article be implemented without delay.
22To permit timely implementation, the department may contract
23for services related to the establishment of the fire prevention fee
24collection process. For this purpose only, and for a period not to
25exceed 24 months, the provisions of the Public Contract Code or
26any other provision of law related to public contracting shall not
27apply.



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