BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1075
                                                                  Page 1

          Date of Hearing:  June 16, 2014

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                    SB 1075 (Knight) - As Amended:  April 21, 2014
           
          SENATE VOTE  :  35-0
           
          SUBJECT  :  Department of Forestry and Fire Protection:  civil  
          cost recovery

           SUMMARY  :  Requires that any moneys recovered by the Department  
          of Forestry and Fire Protection (CAL FIRE) in a civil action to  
          recover state costs related to fire suppression, rescue, or  
          emergency medical services (cost recovery action) be deposited  
          by CAL FIRE into the General Fund.  

           EXISTING LAW  :

          1)Establishes CAL FIRE, which, among other things, is  
            responsible for the fire protection, fire prevention,  
            maintenance, and enhancement of the state's forest, range, and  
            brushland resources, contract fire protection, associated  
            emergency services, and assistance in civil disasters and  
            other nonfire emergencies.

          2)Makes a person who negligently, or in violation of the law,  
            sets a fire, allows a fire to be set, or allows a fire kindled  
            or attended by him or her to escape onto any public or private  
            property liable for the fire suppression costs incurred in  
            fighting the fire and for the cost of providing rescue or  
            emergency medical services. 

           THIS BILL  :

          1)Requires that any moneys recovered by CAL FIRE in a cost  
            recovery action be deposited by CAL FIRE into the General  
            Fund.  

          2)Requires an annual report on cost recovery actions, as  
            specified.

          3)Requires all moneys in the Civil Cost Recovery Investigation  
            Support Account (CCRISA) to be immediately transferred to the  
            General Fund.  








                                                                  SB 1075
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           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible costs.

           COMMENTS  :  The California Health and Safety Code allows public  
          agencies, such as CAL FIRE, to recover the costs they incur,  
          such as those for fire suppression and investigation activities,  
          related to a fire resulting from negligence or a violation of  
          law. Through its cost recovery program, CAL FIRE recovers fire  
          costs from persons it determines are responsible for starting  
          fires.

          According to the State Auditor, between June 2005 and September  
          2012, CAL FIRE arranged to have $3.7 million in settlement  
          payments for the cost of fire suppression and investigation  
          deposited to a bank account held under the name and tax  
          identification number of the California District Attorneys  
          Association to fund training and equipment projects.  The State  
          Auditor asserts that CAL FIRE did not have the statutory  
          authority to establish this account.  As such, CAL FIRE has shut  
          down this account and has transferred the remaining balance-just  
          over $800,000-to a special account, the CCRISA, where it sits  
          today.

          The State Auditor also recommended, among other things, that the  
          Legislature specify that all cost recovery revenues be deposited  
          in the state treasury (i.e., the General Fund).  This bill  
          codifies this recommendation as well as imposes reporting  
          requirements on cost recovery actions and requires the remaining  
          balance in the CCRISA to be deposited into the General Fund.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Howard Jarvis Taxpayers Association

           Opposition 
           
          None on file

           
          Analysis Prepared by  :  Mario DeBernardo / NAT. RES. / (916)  
          319-2092 









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