BILL ANALYSIS
SB 902
Page 1
Date of Hearing: June 16, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 902 (Ashburn) - As Amended: March 11, 2010
SENATE VOTE : 31-0
SUBJECT : Fire protection: county regulation.
SUMMARY : Reduces the population threshold requirement from a
county of 1,000,000 or more to a county of 400,000 or more in
order for that county to have the authority to regulate by
ordinance the formation and continued existence of fire
companies.
EXISTING LAW :
1)Authorizes a county board of supervisors that has a population
of 1,000,000 or more on or after January 1, 1985, to regulate
by ordinance the formation and continued existence of fire
companies.
2)Authorizes a board to allow the formation of any new fire
company within the county where the board determines a
reasonable level of fire services does not already exist and
where the provision of supplemental or competing fire services
by any other entity would not result in the mismanagement of
emergencies or in confusion to those seeking aid.
3)Authorizes the board to order any fire companies formed
pursuant to state law to continue to exist upon making the
determination a reasonable level of fire services does not
already exist and where the provision of supplemental or
competing fire services by any other entity would not result
in the mismanagement of emergencies or in confusion to those
seeking aid.
4)Authorizes the board to establish by ordinance additional
regulations and criteria for the establishment and ongoing
operation of fire companies organized pursuant to state law.
FISCAL EFFECT : None
COMMENTS :
SB 902
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1)Before the arrival of fire protection districts, which are
public agencies, residents of cities and unincorporated towns
organized unpaid fire companies. Under existing law,
volunteer fire companies in unincorporated areas organize by
annually filing a certificate, containing specified
information, with the county's Fire and Rescue Operational
Area Coordinator or with another county agency as designated
by ordinance. A board may require an updated or second filing
each year.
2)Boards in counties with populations above 1,000,000 can, by
ordinance, regulate the formation, continued existence, and
ongoing operation of fire companies in unincorporated areas.
Currently, in population order, the Counties of Los Angeles,
San Diego, Orange, Riverside, San Bernardino, Santa Clara,
Alameda, Sacramento, and Contra Costa have
populations of more than 1,000,000. The Counties of Los
Angeles, San Diego, and San Bernardino have adopted these
ordinances.
By extending this authorization to counties with populations of
at least 400,000,
12 additional counties will have the ability to regulate
volunteer fire companies. Those counties, in population
order, are Fresno, Ventura, San Francisco, Kern, San Mateo,
San Joaquin, Stanislaus, Sonoma, Tulare, Santa Barbara,
Monterey, and Solano.
3)Existing law also requires every member registered as an
active firefighting member of any regularly organized
volunteer fire department - which has official recognition and
full or partial support of the government of the county, city,
town, or district in which the volunteer fire department is
located - to be recognized as an employee of that county,
city, town, or district, allowing that member to be entitled
to receive worker's compensation from that county, city, town,
or district.
A worker's compensation judge recently held the County of Kern
liable for a worker's compensation claim by a member of a
volunteer fire company that had registered with the county.
Kern County officials say that, if they are liable for claims,
they want to regulate volunteer fire companies' risk
SB 902
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management practices and their role in the county's emergency
plans. The case is on appeal to the Worker's Compensation
Appeals Board.
4)According to the author, the County of Kern is concerned about
the lack of oversight of volunteer fire services and the
liability the county could incur without regulation. Counties
are required to accept a fire company's registration and that
acceptance registration can be construed by the courts to
condone the fire company's existence and activities, and could
thereby obligate the county to assume liability for the fire
company. The author argues it is only fair that a county
should be able to impose safety regulations if it is to be
held liable for volunteer fire companies.
5)Support Arguments : Supporters, Counties of Kern and Sonoma,
say smaller counties should have the same authority that
larger counties and all cities possess to improve volunteer
fire companies.
Opposition Arguments : Opponents might argue smaller counties do
not face the same complex oversight issues that larger
counties have with volunteer fire companies and do not need
this authorization.
REGISTERED SUPPORT / OPPOSITION :
Support
Counties of Kern and Sonoma
Opposition
None on file
Analysis Prepared by : Jennifer R. Klein / L. GOV. / (916)
319-3958