Amended in Senate February 14, 2014

Senate Bill No. 832

Introduced by Senator Gaines

(Principal coauthor: Assembly Member Dahle)

January 6, 2014

An act to begin delete amend Section 4212 of end delete begin insert add Section 5003.20 to end insert the Public Resources Code, relating to begin delete forestry and fire prevention end delete begin insert state parks end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 832, as amended, Gaines. begin delete Forestry and fire prevention: fire prevention fees: natural disasters. end delete begin insert State parks: Kings Beach State Recreation Area. end insert

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Under existing law, the Department of Parks and Recreation is required to operate, manage, and maintain units of the state park system. Existing law regulates the sale of surplus state property.

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This bill would authorize the Director of Parks and Recreation to grant to the North Tahoe Public Utility District, subject to specified conditions, all of the rights, title, and interest of the state in the Kings Beach State Recreational Area, in the County of Placer. The bill would require that the real property conveyed be operated, maintained, and improved by the North Tahoe Public Utility District for public recreation purposes, as defined.

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Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas. Existing law further required the board, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area, and to adjust the fee annually using prescribed methods. Existing law requires the State Board of Equalization to collect the fees, as prescribed.

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This bill would exempt the owner of a property that is within a state responsibility area from payment of the fire prevention fee imposed pursuant to those provisions with respect to a structure, as defined, on the property has been destroyed, or significantly damaged, as a result of a natural disaster.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 5003.20 is added to the end insert begin insert Public Resources
Code end insert begin insert , to read: end insert

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begin insert 5003.20. end insert   

(a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government
Code that relate to the disposition of state-owned real property,
the director may grant to the North Tahoe Public Utility District,
subject to the conditions set forth in this section, all of the rights,
title, and interest of the state in the Kings Beach State Recreation
Area, in the County of Placer.

(b) The grant shall be subject to all of the following conditions:

(1) The real property conveyed shall be operated, maintained,
and improved by the North Tahoe Public Utility District for public
recreation purposes in perpetuity, consistent with any covenants,
conditions, and restrictions in the deed transferring the property.
The North Tahoe Public Utility District shall operate and keep
open the property and its parking facilities on a year-round basis.

(2) The North Tahoe Public Utility District shall pay the
department fair market value, in accordance with mutually agreed
upon terms, for the real property conveyed and as restricted by
paragraph (1). The fair market value shall be determined by an
appraisal that is reviewed and approved by the Department of
General Services.

(3) At the option of the state, the real property conveyed shall
revert to the state if the real property is not used for public
recreation purposes.

(4) The North Tahoe Public Utility District shall take the
property as is and assume responsibility for compliance with the
Americans with Disabilities Act of 1990, as amended (42 U.S.C.
Sec. 12101 et seq.).

(c) The Legislature finds and declares that the transfer to the
North Tahoe Public Utility District of the real property described
in subdivision (a) and subject to the conditions specified in
subdivision (b) is excepted from the provisions of Section 5096.516
in accordance with paragraph (3) of subdivision (c) of Section
5096.516.

(d) For purposes of this section “public recreation purposes”
includes, but is not limited to, beach use, use of parking facilities
for events by community residents, visitors, and concessionaires,
and other uses appropriate to generate funding to support those
uses on the property.

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SECTION 1.  

Section 4212 of the Public Resources Code is
amended to read:

4212.  

(a) (1) By September 1, 2011, the board shall adopt
emergency regulations to establish a fire prevention fee for the
purposes of this chapter in an amount not to exceed one hundred
fifty dollars ($150) to be charged on each structure on a parcel that
is within a state responsibility area.

(2) The Legislature finds and declares that a fire prevention fee
of not more than one hundred fifty dollars ($150) is a reasonable
amount for the necessary fire prevention activities of the state that
benefit the owner of a structure within a state responsibility area.

(b) On July 1, 2013, and annually thereafter, the board shall
adjust the fire prevention fees imposed pursuant to this chapter to
reflect the percentage of change in the average annual value of the
Implicit Price Deflator for State and Local Government Purchases
of Goods and Services for the United States, as calculated by the
United States Department of Commerce for the 12-month period
in the third quarter of the prior calendar year, as reported by the
Department of Finance.

(c) Emergency regulations adopted pursuant to subdivision (a)
shall be adopted in accordance with the rulemaking provisions of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code). The adoption of emergency regulations shall be deemed
an emergency and necessary for the immediate preservation of the
public peace, health, and safety, or general welfare.

(d) Notwithstanding any other law or regulation, the owner of
a property that is within a state responsibility area shall be exempt
from the payment of the fire prevention fee imposed pursuant to
this section with respect to a structure on the property has been
destroyed, or significantly damaged, as a result of a natural disaster.

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