BILL ANALYSIS �
SB 1413
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Date of Hearing: June 23, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1413 (Wyland) - As Amended: April 10, 2014
SENATE VOTE : 37-0
SUBJECT : State responsibility areas: fire prevention fees
SUMMARY : Extends the deadline to file a petition for
redetermination of the fire prevention fee from 30 days to 60
days.
EXISTING LAW :
1)Establishes the Department of Forestry and Fire Protection
(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)Creates within CAL FIRE the State Board of Forestry and Fire
Protection (Board) consisting of nine members appointed by the
Governor. Requires the Board to protect the state's interest
in forest resources on private lands, which includes
establishing adequate forest policy and determining general
policies for CAL FIRE.
3)Requires the Board to classify 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.")
4)Declares 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.
5)Requires the Board to adopt regulations to establish a fire
prevention fee in an amount not to exceed $150 (which must be
adjusted every year for inflation) to be charged on each
"structure" on a parcel that is within the SRA. Defines
"structure" as a building used or intended to be used for
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human habitation, including a mobile home or manufactured
home. Reduces the fire prevention fee by $35 if the structure
is also within the boundaries of a local agency that provides
fire protection services (this reduction applies to most
structures).
6)Requires the fire prevention fees to be deposited in the State
Responsibility Area Fire Prevention Fund, which is available
to the Board and CAL FIRE to expend for fire prevention
activities that benefit the owners of structures within the
SRA who are required to pay the fire prevention fee. Limits
fire prevention activities to the following: 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 CAL FIRE 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 CAL
FIRE in the SRA; and, g) other fire prevention projects in the
SRA that are authorized by the Board.
7)Allows a person to 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 CAL FIRE stating that a person must pay the fire
prevention fee). Requires the petition to be sent to CAL
FIRE, the Board, and the Board of Equalization (BOE).
FISCAL EFFECT : According to the Senate Appropriations
Committee, BOE estimates the annual revenue loss to be about
$461,000 (special funds). Additionally, BOE will incur minor
one-time costs for computer programming and revising
publications (special funds).
COMMENTS :
1)Fire Prevention Fee (ABX1 29) . Going into 2011, the state was
facing a $25.4 billion budget deficit (which grew to $26.6
billion after the governor cancelled the sale of several state
buildings) and an annual structural deficit of up to $21.5
billion was projected into the future. In March 2011, the
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Legislature passed $13.4 billion in "solutions" (consisting
mostly of spending cuts) to address the deficit; however,
there was still a shortfall of $10.8 billion. To help address
the budget shortfall, the Legislature passed, among other
bills, ABX1 29, which required the Board to adopt emergency
regulations to establish a "fire prevention fee" not to exceed
$150 for each structure on a parcel that is within the SRA.
The fee was intended to fill a hole created by a $50 million
General Fund (GF) cut directed at CAL FIRE in the 2011 budget
bill. It has been well documented in news articles and
political colloquy that the Legislature was compelled to
establish the fee because it had to produce substantial GF
cuts, and other budget options, such as increasing revenues
through additional sales and income taxes, were politically
infeasible due to the two-thirds vote requirement for such
measures.
2)Appeals . Under existing law, a person may appeal a fire
prevention fee billing notice through a petition for a
redetermination if that petition is filed within 30 days of
receiving the billing notice. This bill extends the 30 day
deadline to 60 days.
3)Similar Legislation . AB 2048 (Dahle, Chesbro, and Gordon)
will, among other things, authorize CAL FIRE to consider a
petition for redetermination that has been filed after the 30
day period expires.
REGISTERED SUPPORT / OPPOSITION :
Support
George Runner, Member, State Board of Equalization (sponsor)
California Taxpayers Association
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
SB 1413
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