SB 1347, as introduced, Nielsen. Fire prevention fee: administration.
Existing law requires the State Board of Forestry and Fire Protection to establish a fire prevention fee in an amount not to exceed $150 to be charged on each habitable structure on a parcel that is within a state responsibility area. Existing law requires the fee moneys to be expended, upon appropriation, in specified ways, including to reimburse the State Board of Equalization’s expenses incurred in the collection of the fee and to the State Board of Forestry and Fire Protection and to the Department of Forestry and Fire Protection for administration purposes, with excess money being expended only for specified fire prevention activities, as provided.
This bill would provide that no more than 5% of the fees moneys may be used for administrative purposes.
Existing law, until January 31, 2017, requires the board to submit an annual written report to the Legislature on the status of the uses of the fee moneys.
This bill would continue that requirement until January 31, 2022.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4214 of the Public Resources Code is
2amended to read:
(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 thebegin delete fee.end deletebegin insert fee, subject to the limit in
10subdivision (b)end insertbegin insert.end insert
11(2) The
moneys collected, other than those retained by the State
12Board of Equalization pursuant to paragraph (1), shall be deposited
13into the State Responsibility Area Fire Prevention Fund, which is
14hereby created in the State Treasury, and shall be available to the
15board and the department to expend for fire prevention activities
16specified in subdivision (d) that benefit the owners of habitable
17structures within a state responsibility area who are required to
18pay the fire prevention fee. The amount expended to benefit the
19owners of habitable structures within a state responsibility area
20shall be commensurate with the amount collected from the owners
21within that state responsibility area. All moneys in excess of the
22costs of administration of the board and thebegin delete departmentend deletebegin insert department,
23as limited pursuant to subdivision (b),end insert shall
be expended only for
24fire prevention activities in counties with state responsibility areas.
25(b) begin delete(1)end deletebegin delete end deletebegin deleteThe fund end deletebegin insertNot more than 5 percent of the fees collected
26pursuant to this chapter end insertmaybegin delete alsoend delete be used to cover the costs of
27administering this chapter.
28(2) The fund shall cover all startup costs incurred over a period
29not to exceed two years.
30(c) It is the intent of the Legislature that the moneys in this fund
31be fully appropriated to the board and the department each year
32in order to effectuate the purposes of this chapter.
33(d) Moneys in the fund shall be used only for the following fire
34prevention activities, which shall benefit owners of habitable
35structures within the state responsibility areas who are required to
36pay the annual fire prevention fee pursuant to this chapter:
37(1) Local assistance grants pursuant to subdivision (e).
P3 1(2) Grants to Fire Safe Councils, the California Conservation
2Corps, or certified local conservation corps for fire prevention
3projects and activities in the state responsibility areas.
4(3) Grants to a
qualified nonprofit organization with a
5demonstrated ability to satisfactorily plan, implement, and complete
6a fire prevention project applicable to the state responsibility areas.
7The department may establish other qualifying criteria.
8(4) Inspections by the department for compliance with defensible
9space requirements around habitable structures in state
10responsibility areas as required by Section 4291.
11(5) Public education to reduce fire risk in the state responsibility
12areas.
13(6) Fire severity and fire hazard mapping by the department in
14the state responsibility areas.
15(7) Other fire prevention projects in the state responsibility
16areas, authorized by the board.
17(e) (1) The board shall establish a local assistance grant program
18for fire prevention activities designed to benefit habitable structures
19within state responsibility areas, including public education, that
20are provided by counties and other local agencies, including special
21districts, with state responsibility areas within their jurisdictions.
22(2) In order to ensure an equitable distribution of funds, the
23amount of each grant shall be based on the number of habitable
24structures in state responsibility areas for which the applicant is
25legally responsible and the amount of moneys made available in
26the annual Budget Act for this local assistance grant program.
27(f) By January 31, 2015, and annually thereafter, the board shall
28submit to the Legislature a written report on the status and uses of
29the fund pursuant to this chapter. The written report shall also
30include an
evaluation of the benefits received by counties based
31on the number of habitable structures in state responsibility areas
32within their jurisdictions, the effectiveness of the board’s grant
33programs, the number of defensible space inspections in the
34reporting period, the degree of compliance with defensible space
35requirements, measures to increase compliance, if any, and any
36recommendations to the Legislature.
37(g) (1) The requirement for submitting a report imposed under
38subdivision (f) is inoperative on January 31,begin delete 2017, pursuant to begin insert 202end insertbegin insert2.end insert
39Section 10231.5 of the Government Code.end delete
P4 1(2) A report to be submitted pursuant to subdivision (f) shall be
2submitted in compliance with Section 9795 of the Government
3Code.
4(h) It is essential that this article be implemented without delay.
5To permit timely implementation, the department may contract
6for services related to the establishment of the fire prevention fee
7collection process. For this purpose only, and for a period not to
8exceed 24 months, the provisions of the Public Contract Code or
9any other provision of law related to public contracting shall not
10apply.
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