BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 2048 HEARING DATE: June 10, 2014
AUTHOR: Dahle URGENCY: No
VERSION: February 20, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: Governance and FinanceFISCAL: Yes
SUBJECT: Fire prevention fees: state responsibility areas.
BACKGROUND AND EXISTING LAW
The Department of Forestry and Fire Protection (CDF) is
responsible for fire protection, fire prevention, regulation of
forestry practices, contract fire protection, and other matters.
The State Board of Forestry and Fire Protection (Board) consists
of nine members appointed by the Governor. The Board is required
to develop rules and regulations that protect the state's
interest in forest resources on private lands, and this includes
establishing adequate forest management policies and determining
other general policies for CDF.
The Board classifies all lands within the state for the purpose
of determining areas in which the financial responsibility of
preventing and suppressing fires is primarily the responsibility
of the state (these areas are known as "state responsibility
areas" or "SRA.")
Since 2011, state law (ABX1 29) has declared that it is
necessary to impose a fire prevention fee to pay for fire
prevention activities in the SRA that specifically benefit
owners of structures in the SRA.
That same law requires the Board to adopt regulations to
establish a fire prevention fee in an amount not to exceed $150
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(which must be adjusted every year for inflation) to be charged
on each "structure" on a parcel that is within the SRA.
"Structure" is defined as a building used or intended to be used
for human habitation, including a mobile home or manufactured
home. The fire prevention fee is reduced by $35 if the structure
is also within the boundaries of a local agency that provides
fire protection services, a reduction that applies to most
structures.
The fire prevention fees are deposited in the State
Responsibility Area Fire Prevention Fund, which is available to
the Board and CDF to expend for fire prevention activities that
benefit the owners of structures within the SRA who are required
to pay the fire prevention fee. Authorized fire prevention
activities are limited to:
a) local assistance grants established by the Board;
b) grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the SRA;
c) grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and
complete a fire prevention project applicable to the SRA;
d) inspections by CDF for compliance with defensible space
requirements around structures in the SRA;
e) public education to reduce fire risk in the SRA;
f) fire severity and fire hazard mapping by CDF in the SRA; and
g) other fire prevention projects in the SRA that are authorized
by the Board.
A person may petition for a redetermination of whether the fire
prevention fee applies to him or her within 30 days after being
served with a notice of determination (i.e., the notice from CDF
stating that a person must pay the fire prevention fee).
Existing law also requires the petition to be sent to CDF, the
Board, and the Board of Equalization (BOE).
A 20 percent penalty is imposed for each 30-day period in which
the fee remains unpaid after the fee becomes final.
PROPOSED LAW
This bill makes several changes to the definitions, appeals
process, and other provisions of the SRA fire prevention fee
statute, the most important of which would authorize an
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exemption from the fee when a habitable structure becomes
uninhabitable because of a natural disaster, such as a fire. The
exemption, which is subject to specific conditions, could last
for one subsequent year if the habitable structure has not been
repaired or rebuilt. The bill would:
1. Replace the term "structure" with "habitable structure" which
is the term used in the fire prevention fee regulations
promulgated by the Board. It would define "habitable structure"
as "a building that contains one or more dwelling units or that
can be occupied for residential use. Buildings occupied for
residential use include single family homes, multi-dwelling
structures, mobile and manufactured homes, and condominiums.
Habitable structures do not include commercial, industrial, or
incidental buildings such as detached garages, barns, outdoor
sanitation facilities, and sheds.
2. Define "person" and "owner of a habitable structure" for the
purposes of the fire prevention fee statutes.
3. Authorize (rather than require) the Board to adjust the fire
prevention fee for inflation.
4. Authorize the Board to exempt from the fire prevention fee
any habitable structure that is subsequently deemed
uninhabitable as a result of a natural disaster during the year
for which the fee is due, as well as one subsequent year if the
habitable structure has not been repaired or rebuilt. The bill
would require the Board to only consider granting an exemption
if the following conditions are met:
a) The owner of the habitable structure certifies that the
structure is not habitable as a result of a natural disaster; or
b) The owner of the habitable structure can either document that
the habitable structure passed a defensible space inspection
conducted by CDF or by one of its agents within one year of the
date the structure was damaged or destroyed or certifies that
the legally required defensible space was in place at the time
that the structure was damaged or destroyed as a result of a
natural disaster.
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5. If a petition for redetermination of the fire prevention fee
is filed after the expiration of the 30-day time period, CDF
could treat the untimely petition as an administrative protest
or claim for refund if it determines that the facts indicate
that the fire prevention fee originally determined may have been
excessive or that the amount or the application of the fee may
have been the result of an error by CDF or the Board.
6. Requires a petition for redetermination to be sent only to
CAL FIRE.
7. Eliminates the 20 percent penalty for each 30-day period in
which the fee remains unpaid after becoming final and replaces
it with the state's general 10 percent penalty that applies to
late payments of fees.
ARGUMENTS IN SUPPORT
According to the author, this bill will clarify the statute and
help homeowners seek much needed relief from the fee after a
catastrophic fire or other natural disaster while posing minimal
fiscal impact.
CDF is in support and states that the proposed definitions of
"person" and "habitable structure" will help alleviate some of
the original bill's implementation issues. In addition, the bill
simplifies the appeals process. It says that existing law does
not exempt structures damaged or destroyed by natural disaster,
even if the bill for the fee arrives months after the structure
has been damaged.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
The bill creates an exemption from the SRA fee for habitable
structures that are no longer habitable as a result of a natural
disaster for one year (and the subsequent year), provided the
home passed a defensible space inspection or otherwise was in
compliance with the clearances required by the defensible space
statute. These conditions are intended to serve as incentives to
homeowners to comply with these defensible space provisions
which have been proven to make homes safer from wildfires.
However, based on the way the bill is drafted, the exemption
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could last longer since "habitable structure" is defined as a
building "that can be occupied for residential use." Even after
the waiver expires, it is conceivable that a building that has
not been repaired is one that cannot "be occupied for
residential use." It is not likely that this possibility changes
the policy analysis of this bill in any significant way, but the
Appropriations Committee will probably look at this question as
well.
SUPPORT
CA Farm Bureau
Nevada County Board of Supervisors
CalTax
CA Forestry Association
California Department of Forestry and Fire Protection
CA State Firefighters Association
OPPOSITION
None Received
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