Bill Text: CA AB1642 | 2015-2016 | Regular Session | Introduced
Bill Title: State responsibility areas: fire prevention fees.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-11-30 - From committee without further action. [AB1642 Detail]
Download: California-2015-AB1642-Introduced.html
BILL NUMBER: AB 1642 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Obernolte
(Coauthors: Assembly Members Bigelow, Dodd, Gallagher, Gordon,
Lackey, Levine, Mayes, Melendez, Olsen, Waldron, Wilk, and Wood)
(Coauthors: Senators Hill, Liu, McGuire, Morrell, Nielsen, and
Roth)
JANUARY 11, 2016
An act to amend Sections 4213, 4220, and 4222 of the Public
Resources Code, relating to forestry and fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
AB 1642, as introduced, Obernolte. State responsibility areas:
fire prevention fees.
Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas, as defined. Existing law requires that a fire
prevention fee be charged on each habitable structure on a parcel
that is within a state responsibility area, collected annually by the
State Board of Equalization, in accordance with specified
procedures, and specifies that the annual fee shall be due and
payable 30 days from the date of assessment by the state board.
Existing law authorizes a petition for redetermination of the fee to
be filed within 30 days after service of a notice of determination,
as specified.
This bill would extend the time when the fire prevention fee is
due and payable from 30 to 60 days from the date of assessment by the
State Board of Equalization and would authorize the petition for
redetermination to be filed within 60 days after service of the
notice of determination, as specified.
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 of the Public Resources Code is amended to
read:
4213. (a) (1) Commencing with the 2011-12 fiscal year,
the The fire prevention fee imposed pursuant to
Section 4212 shall be collected annually by the State Board of
Equalization in accordance with the Fee Collection Procedures Law
(Part 30 (commencing with Section 55001) of Division 2 of the Revenue
and Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection
Procedures Law, a determination by the department that a person is
required to pay a fire prevention fee, or a determination by the
department regarding the amount of that fee, is subject to review
under Article 2 (commencing with Section 4220) and is not subject to
a petition for redetermination by the State Board of Equalization.
(3) (A) Notwithstanding the refund provisions in the Fee
Collection Procedures Law, the State Board of Equalization shall not
accept any a claim for refund that is
based on the assertion that a determination by the department
improperly or erroneously calculated the amount of the fire
prevention fee, or incorrectly determined that the person is subject
to that fee, unless that determination has been set aside by the
department or a court reviewing the determination of the department.
(B) If it is determined by the department or a
reviewing court determines that a person is entitled to a
refund of all or part of the fire prevention fee, the person shall
make a claim to the State Board of Equalization pursuant to Chapter 5
(commencing with Section 55221) of Part 30 of Division 2 of the
Revenue and Taxation Code.
(b) The annual fire prevention fee shall be due and payable
30 60 days from the date of assessment
by the State Board of Equalization.
(c) On or before each January 1, the department
shall annually transmit to the State Board of Equalization the
appropriate name and address of each person who is liable for the
fire prevention fee and the amount of the fee to be assessed, as
authorized by this article, and at the same time the department shall
provide to the State Board of Equalization a contact telephone
number for the board to be printed on the bill to respond to
questions about the fee.
(d) Commencing with the 2012-13 fiscal year, if
If in any given a
fiscal year there are sufficient amounts of money in the State
Responsibility Area Fire Prevention Fund created pursuant to Section
4214 to finance the costs of the programs under subdivision (d) of
Section 4214 for that fiscal year, the fee may not be collected that
fiscal year.
SEC. 2. Section 4220 of the Public Resources Code is amended to
read:
4220. A person from whom the fire prevention fee is determined to
be due under this chapter may petition for a redetermination of
whether this chapter applies to that person within 30
60 days after service upon him or her of a
notice of the determination. If a petition for redetermination is not
filed within the 30-day 60-day period,
the amount determined to be due becomes final at the expiration of
the 30-day 60-day period.
SEC. 3. Section 4222 of the Public Resources Code is amended to
read:
4222. If a petition for redetermination of the application of
this chapter is filed within the 30-day 60-day
period, the department shall reconsider whether the fee is due
and make a determination in writing. The department may eliminate
the fee based on a determination that this chapter does not apply to
the person who filed the petition.
