BILL ANALYSIS Ó
SB 1136
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Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SB 1136
(Morrell) - As Amended June 15, 2016
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|Policy |Natural Resources |Vote:|8 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill extends the sunset date and adds additional reporting
requirements to the annual report regarding the expenditure of
state responsibility area (SRA) fire fees. Specifically, this
bill:
1)Requires CalFire rather than the Board of Forestry and Fire
Protection (Board) to prepare and submit the report.
2)Extends the sunset date on the report to from January 31,
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2017, to January 31, 2021.
3)Adds specific information to the report on expenditures from
each program, subprogram, and element for which CalFire uses
funds generated by the fee. Adds a reporting requirement for
actual and current year fiscal expenditures and budgeted
expenditures.
4)Requires an accounting of expenditures for equipment, staff
positions associated with all expenditures, and a description
of the grants awarded and how the funds were spent.
FISCAL EFFECT:
Any additional Calfire reporting costs are absorbable.
COMMENTS:
1)Purpose. According to the author, the expenditure reporting
for the SRA fee has been inadequate and confusing. This bill
clarifies what must be reported and changes the reporting
responsibility from the Board to CAL FIRE.
2)Background. The state is responsible for wildland fire
protection in state responsibility areas (SRA), which are
generally defined to include most nonfederal timberlands,
rangelands and watersheds thinly populated and not within the
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boundaries of a city. Over 31 million acres, much privately
owned, are located in SRA. In the past, SRA lands were
largely unpopulated. In recent years, however, local
governments have allowed increased housing development in SRA
but at a level of density that maintains the state's
obligation to provide wildland fire protection.
As housing development in SRA increased, so did state fire
protection costs. In 1996-97, the department spent $475 million
on fire protection; in more recent years, CALFIRE's annual fire
protection costs neared or surpassed $1 billion.
3)SRA Fire Protection Fees. In 2011 the Legislature passed ABx1
29 (Blumenfield), requiring the Board of Forestry and Fire
Protection to adopt emergency regulations to establish a fire
prevention fee. The fee, not to exceed $150 on each structure,
was to raise $50 million to fund CALFIRE fire prevention
activities. In January 2012, the board issued its regulation,
establishing a fee of $150 per habitable structure on a parcel
located within SRA, with a $35 reduction for each habitable
structure that is also within the boundaries of a local agency
that provides fire protection services. Revenues from the fee
are to be used exclusively for fire protection. In
authorizing the fee, the Legislature recognized that
individual owners within SRA received a disproportionately
larger benefit from fire prevention activities than realized
by the state's residents generally.
As allowed by law, the Board adjusted the fee for inflation
and it is currently $152.33 per habitable structure outside a
fire protection district and $117.33 for habitable structures
within a fire protection district. Approximately 10% of those
required to pay the fee have not paid any amount since the fee
was established. Almost $40 million in fees remain
uncollected.
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Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081