BILL NUMBER: SB 1347	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 19, 2016

INTRODUCED BY   Senator Nielsen
   (Coauthors: Senators Gaines, Morrell, and Stone)
   (Coauthors: Assembly Members Gallagher and Wilk)

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1347, as amended, 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 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, subject to the limit in subdivision
(b).   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, as limited
pursuant to subdivision (b),   department  shall be
expended only for fire prevention activities in counties with state
responsibility areas.
   (b)  Not more than 5 percent of the fees collected
pursuant to this chapter may   The fund may also 
be used to cover the costs of administering this chapter.
   (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 also
include 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,
measures to increase compliance, if any, and any recommendations to
the Legislature.
   (g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 31, 2022.
   (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.