AB 203 (Obernolte) would extend the period for paying or disputing a fire prevention fee from 30 days to 60 days from the date of assessment. (See bill text in Attachment 1 and Fact Sheet in Attachment 2.)
EXISTING LAW:
1) Requires the Board of Forestry (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 area" or "SRA.").
2) 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.
3) 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 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).
4) Requires the fire prevention fees to be deposited in the State Responsibility Area Fire Prevention Fund, which is available to the Board and the Department of Forestry and Fire Protection (CAL FIRE) to expend for fire prevention activities that benefit the owners of structures within the SRA. 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.
5) Allows a person to petition CAL-FIRE 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).
6) Imposes a 10% penalty for each 30-day period in which the fee remains unpaid after the fee becomes final.
7) Allows the Board to exempt from the 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.
COMMENTS:
1) Fire Prevention Fee (ABX1 29). In early 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 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 cut to CAL FIRE in the 2011 budget bill. The 2014-15 Budget appropriated $76.3 million from SRA revenues to enhance statewide fire prevention work including, for the first time, $10 million for local assistance grants to be used in locations where the effects of drought, fuel loading and structure development converge.
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) Prior Legislation.
AB 2048 (Dahle, Chesbro, and Gordon), Chapter 895, Statutes of 2014, among other things, reduced the penalties for each 30 day the fee is unpaid and simplified the appeals process.
SB 1413 (Wyland, 2014) was almost identical to this bill and was held in Assembly Appropriations.
4) Related legislation.
AB 301 (Bigelow) Requires the state responsibility area fire prevention fee to be prorated for an owner that owns the habitable structure for only a portion of the year for which the fee is due. This bill is also scheduled to be heard by this committee on March 23rd.
AB 1202 (Mayes) requires the Board to reduce the fee to be charged on a habitable structure by an amount equal to the amount paid by the owner of the structure to a local fire district for fire prevention services. Pending in Assembly Rules Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
George Runner, Member, State Board of Equalization (sponsor)
Board of Equalization Member, Diane L. Harkey, District 4
California Farm Bureau Federation
California Fire Chiefs Association
California Taxpayers Association (Cal Tax)
County of San Bernardino
Fire Districts Association of California
Howard Jarvis Taxpayers Association
Plumas County Board of Supervisors
San Diego County Board of Supervisors
Opposition
None on file |