Bill Text: CA AB1202 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1202 (Prior Session Legislation)

Bill Title: Fire prevention fee: fee reduction.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1202 Detail]

Download: California-2015-AB1202-Amended.html

BILL NUMBER: AB 1202	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2015

INTRODUCED BY   Assembly Member Mayes
   (Coauthors: Assembly Members Travis Allen, Bigelow, Gallagher,
Jones, and Mathis)

                        FEBRUARY 27, 2015

   An act to amend Section 4213.1 of the Public Resources Code,
relating to fire prevention.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1202, as amended, Mayes. Fire prevention fee: fee reduction.
   Existing law requires the State Board of Forestry and Fire
Protection to adopt emergency regulations to establish a fire
prevention fee to be charged on each habitable structure, as defined,
on a parcel that is within a state responsibility area. Existing law
requires that the fee be levied upon the owner of a habitable
structure identified by the department as located within the state
responsibility area, if that person owns the habitable structure on
July 1 of the year for which the fee is due. Existing law authorizes
the board to exempt from the fire prevention fee any habitable
structure that is subsequently deemed inhabitable as a result of a
natural disaster during the year the fee is due, if certain
conditions are met.
   This bill would require the board to reduce the amount of 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 during the year for which the fee is
due, if the owner of the structure provides the board with written
documentation of the amount paid to the local fire district for those
services.  The bill would require the board to   adopt
guidelines to clarify the type of written documentation the owner of
a structure is required to provide to the board to receive a fee
reduction pursuant to those provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4213.1 of the Public Resources Code is amended
to read:
   4213.1.  (a) The fire prevention fee imposed pursuant to Section
4212 shall be levied upon the owner of a habitable structure
identified by the department as located within the state
responsibility area, if that person owns the habitable structure on
July 1 of the year for which the fee is due.
   (b) (1) The board may 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 board shall consider granting an
exemption only if both of 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.
   (B) The owner of the habitable structure either documents that the
habitable structure passed a defensible space inspection conducted
by the department or by one of its agents within one year of the date
the structure was damaged or destroyed or certifies that clearance
as required under Section 4291 was in place at the time that the
structure was damaged or destroyed as a result of a natural disaster.

   (2) The board shall prepare forms for purposes of the
certification requirements in paragraph (1).
   (c)  (1)    The board shall reduce the amount of
the fire prevention 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 during the year for
which the fee is due, if the owner of the structure provides the
board with written documentation of the amount paid to the local
protection district for those services. 
   (2) The board shall adopt guidelines to clarify the type of
written documentation the owner of a structure is required to provide
to the board to receive a fee reduction pursuant to this
subdivision.