BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1136|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 1136
Author: Morrell (R), et al.
Amended: 4/5/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Fire prevention: state responsibility areas:
report
SOURCE: Author
DIGEST: This bill extends the sunset and adds reporting
requirements to the annual report from the California Department
of Forestry and Fire Protection (CDF) regarding the expenditure
of state responsibility area (SRA) fire fees.
ANALYSIS:
Existing law:
1)Enacts the SRA fire prevention fee following the signing of
ABX1 29 (Blumenfield, Chapter 8, Statutes of 2011-12 First
Extraordinary Session) in July 2011. The law approved the new
fee to pay for fire prevention services within the SRA. The
fee is applied to all habitable structures within the SRA.
2)Requires an annual report on SRA fire fee expenditures. The
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Page 2
sunset date on these reports is January, 2017. In a recent
informational report from last year, CDF summarized
expenditures for the three fiscal years 2012-15. That report
is available on the CDF Web site.
This bill:
1)Extends the sunset date on the report to January 31, 2021.
2)Adds reporting requirements that require specific information
on expenditures from each program, subprograms, and element
for which CDF uses money from the fee. It also adds a
reporting provision for actual and current year fiscal
expenditures.
3)Provides that additional reporting requirements pertain to
equipment expenditures, personnel positions that are
associated with each expenditure, and descriptions and
expenditures on each SRA grant awarded.
Comments
The additional reporting requirements reflect frustration on the
part of some legislators regarding the information provided them
regarding this fee, which is unpopular in some areas of the
state. The author acknowledged that he has received most, if not
all, of the information he requested in an acceptable format. If
there is an open question regarding this bill it is whether the
Legislature should codify an information request that has
already been satisfied.
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The SRA fee generates approximately $74 million annually.
Effective July 1, 2014, the fee is levied at the rate of $152.33
per habitable structure, which is defined as a building that can
be occupied for residential use. Owners of habitable structures
who are also within the boundaries of a local fire protection
agency will receive a reduction of $35 per habitable structure.
According to the CDF Web site, this fee funds a variety of
important fire prevention services in the SRA. Such activities
include fuel reduction activities that lessen risk of wildfire
to communities and evacuation routes. Other activities include
defensible space inspections, fire prevention engineering,
emergency evacuation planning, fire prevention education, fire
hazard severity mapping, implementation of the state and local
Fire Plans and fire-related law enforcement activities such as
arson investigation.
The legality of the fee is being challenged in court, and it is
not clear when the trial will occur. The argument is that the
fee should have been enacted as a tax with a 2/3 vote.
Since its adoption, the Legislature has considered many bills to
repeal the fee, none of which were passed. It also passed bills
allowing a landowner to apportion the fee with a prospective
buyer, to index the fee for inflation, and to exempt structures
destroyed by natural disasters from the fee.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified 4/25/16)
Former State Senator George Runner
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Howard Jarvis Taxpayers Association
San Bernardino County
46 individuals
OPPOSITION: (Verified4/25/16)
None received
ARGUMENTS IN SUPPORT: According to the author, he (and the
co-authors) were not receiving adequate information about SRA
fire fee expenditures despite the annual report. He believes
that SRA grant fee expenditures are reported much more
transparently than the fire prevention activities that are also
funded from SRA fire fees. At the request of the author, CDF
provided a much more detailed report on SRA fire prevention
activities that he believes is an adequate precedent for future
reports should this bill be enacted.
Prepared by:William Craven / N.R. & W. / (916) 651-4116
4/27/16 15:57:22
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