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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

BILL NUMBER: AB 1202	INTRODUCED
	BILL TEXT


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 introduced, 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.
   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: 
   (1) 
    (A)  The owner of the habitable structure certifies that
the structure is not habitable as a result of a natural disaster.

   (2) 
    (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. 
   (c) 
    (2)  The board shall prepare forms for purposes of the
certification requirements in  subdivision (b)  
paragraph (1)  . 
   (c) 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.