Bill Text: CA AB2035 | 2015-2016 | Regular Session | Amended
Bill Title: State responsibility areas: payments to local government entities: fire prevention activities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2035 Detail]
Download: California-2015-AB2035-Amended.html
BILL NUMBER: AB 2035 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Bigelow
FEBRUARY 16, 2016
An act to amend Section 4171 4214 of
the Public Resources Code, relating to forest fires.
fire prev ention.
LEGISLATIVE COUNSEL'S DIGEST
AB 2035, as amended, Bigelow. Forest fires: public
nuisance. State responsibility areas: payments to
local government entities: fire prevention activities.
Existing law requires the State Board of Forestry and Fire
Protection to establish a fire prevention fee to be charged on each
habitable structure, defined as a building used or intended to be
used for human habitation, on a parcel that is within a state
responsibility area, as defined. Existing law requires that moneys
collected from the fee be deposited into the State Responsibility
Area Fire Prevention Fund and be available, upon appropriation, to
the board and the Department of Forestry and Fire Protection for
specified fire prevention activities that benefit the owners of
habitable structures within a state responsibility area who are
required to pay the fee, as prescribed. Existing law requires the
board, among other things, to establish a local assistance grant
program for those fire prevention activities provided by
counties and other local agencies with state responsibility areas
within their jurisdictions.
This bill would also expressly authorize the use of moneys in
the fund for payments to local government entities that carry out
fire prevention activities in state responsibility areas pursuant to
an agreement with the department.
Existing law provides that a condition endangering public safety
by creating a fire hazard and that exists upon property in a state
responsibility area is a public nuisance.
This bill would make nonsubstantive changes to this law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4214 of the
Public Resources Code is amended to read:
4214. (a) Fire prevention fees collected pursuant to this chapter
shall be expended, upon appropriation by the Legislature, as
follows:
(1) The State Board of Equalization shall retain moneys necessary
for the payment of refunds pursuant to Section 4228 and reimbursement
of the State Board of Equalization for expenses incurred in the
collection of the fee.
(2) The moneys collected, other than those retained by the State
Board of Equalization pursuant to paragraph (1), shall be deposited
into the State Responsibility Area Fire Prevention Fund, which is
hereby created in the State Treasury, and shall be available to the
board and the department to expend for fire prevention activities
specified in subdivision (d) that benefit the owners of habitable
structures within a state responsibility area who are required to pay
the fire prevention fee. The amount expended to benefit the owners
of habitable structures within a state responsibility area shall be
commensurate with the amount collected from the owners within that
state responsibility area. All moneys in excess of the costs of
administration of the board and the department shall be expended only
for fire prevention activities in counties with state responsibility
areas.
(b) (1) The fund may also be used to cover the costs of
administering this chapter.
(2) The fund shall cover all startup costs incurred over a period
not to exceed two years.
(c) It is the intent of the Legislature that the moneys in this
fund be fully appropriated to the board and the department each year
in order to effectuate the purposes of this chapter.
(d) Moneys in the fund shall be used only for the following fire
prevention activities, which shall benefit owners of habitable
structures within the state responsibility areas who are required to
pay the annual fire prevention fee pursuant to this chapter:
(1) Local assistance grants pursuant to subdivision (e).
(2) Grants to Fire Safe Councils, the California Conservation
Corps, or certified local conservation corps for fire prevention
projects and activities in the state responsibility areas.
(3) Grants to a qualified nonprofit organization with a
demonstrated ability to satisfactorily plan, implement, and complete
a fire prevention project applicable to the state responsibility
areas. The department may establish other qualifying criteria.
(4) Inspections by the department for compliance with defensible
space requirements around habitable structures in state
responsibility areas as required by Section 4291.
(5) Public education to reduce fire risk in the state
responsibility areas.
(6) Fire severity and fire hazard mapping by the department in the
state responsibility areas.
(7) Payments to local government entities that carry out fire
prevention activities in state responsibility areas pursuant to an
agreement with the department.
(7)
(8) Other fire prevention projects in the state
responsibility areas, authorized by the board.
(e) (1) The board shall establish a local assistance grant program
for fire prevention activities designed to benefit habitable
structures within state responsibility areas, including public
education, that are provided by counties and other local agencies,
including special districts, with state responsibility areas within
their jurisdictions.
(2) In order to ensure an equitable distribution of funds, the
amount of each grant shall be based on the number of habitable
structures in state responsibility areas for which the applicant is
legally responsible and the amount of moneys made available in the
annual Budget Act for this local assistance grant program.
(f) By January 31, 2015, and annually thereafter, the board shall
submit to the Legislature a written report on the status and uses of
the fund pursuant to this chapter. The written report shall also
include an evaluation of the benefits received by counties based on
the number of habitable structures in state responsibility areas
within their jurisdictions, the effectiveness of the board's grant
programs, the number of defensible space inspections in the reporting
period, the degree of compliance with defensible space requirements,
measures to increase compliance, if any, and any recommendations to
the Legislature.
(g) (1) The requirement for submitting a report imposed under
subdivision (f) is inoperative on January 31, 2017, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (f) shall be
submitted in compliance with Section 9795 of the Government Code.
(h) It is essential that this article be implemented without
delay. To permit timely implementation, the department may contract
for services related to the establishment of the fire prevention fee
collection process. For this purpose only, and for a period not to
exceed 24 months, the provisions of the Public Contract Code or any
other provision of law related to public contracting shall not apply.
SECTION 1. Section 4171 of the Public Resources
Code is amended to read:
4171. A condition endangering public safety by creating a fire
hazard and that exists upon property that is included within a state
responsibility area is a public nuisance.
