Bill Text: CA AB929 | 2013-2014 | Regular Session | Amended

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Bill Title: State responsibility areas: structures: fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB929 Detail]

Download: California-2013-AB929-Amended.html

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BILL NUMBER: AB 929	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 22, 2013

   An act to amend Section 4212 of the Public Resources Code,
relating to state responsibility areas.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 929, as amended, Jones. State responsibility areas: structures:
fees.
   Existing law requires the State Board of Forestry and Fire
Protection, on or before September 1, 2011, to adopt emergency
regulations to establish a fire prevention fee in an amount not to
exceed $150 to be charged on each habitable structure on a parcel
that is within a state responsibility area, as defined, and requires
that the fire prevention fee be adjusted annually using prescribed
methods. Existing law requires the State Board of Equalization to
collect the fire prevention fees, as prescribed, commencing with the
2011-12 fiscal year.
   This bill would require the board, in collaboration with the State
Board of Equalization, to develop  and implement, in accordance
with prescribed requirements,  a procedure for the reimbursement
of persons who have paid  , between January 1, 2015, and
December 31, 2016,  a fire prevention fee covering a structure
that was previously in an area within a state responsibility area,
but that has been determined to no longer be within the boundaries of
that state responsibility area.
   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 4212 of the Public Resources Code is amended to
read:
   4212.  (a) (1) By September 1, 2011, the board shall adopt
emergency regulations to establish a fire prevention fee for the
purposes of this chapter in an amount not to exceed one hundred fifty
dollars ($150) to be charged on each structure on a parcel that is
within a state responsibility area.
   (2) The Legislature finds and declares that a fire prevention fee
of not more than one hundred fifty dollars ($150) is a reasonable
amount for the necessary fire prevention activities of the state that
benefit the owner of a structure within a state responsibility area.

   (b) On July 1, 2013, and annually thereafter, the board shall
adjust the fire prevention fees imposed pursuant to this chapter to
reflect the percentage of change in the average annual value of the
Implicit Price Deflator for State and Local Government Purchases of
Goods and Services for the United States, as calculated by the United
States Department of Commerce for the 12-month period in the third
quarter of the prior calendar year, as reported by the Department of
Finance.
   (c) Emergency regulations adopted pursuant to subdivision (a)
shall be adopted in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of emergency regulations shall be deemed an emergency
and necessary for the immediate preservation of the public peace,
health, and safety, or general welfare.
   (d) The board, in collaboration with the State Board of
Equalization, shall develop  and implement  a procedure for
the reimbursement of persons who have paid a fire prevention fee
covering a structure that was previously located within a state
responsibility area, but that has been determined to no longer fall
within the boundaries of that state responsibility  area.
  area in accordance with the following requirements:
 
   (1) (A) The board shall prepare and submit to the Board of
Equalization a list of structures that were located in a state
responsibility area, but that were later determined by the board to
no longer fall within the boundaries of a state responsibility area,
pursuant to the classification of lands in a state responsibility
area required by Section 4125.  
   (B) The board shall develop a form for requesting reimbursement
for payment of the fire prevention fee, and shall make that form
available to any owner of a structure identified pursuant to
subparagraph (A) who paid the fee and wishes to request reimbursement
of the fee pursuant to this subdivision. 
   (2) An owner of a structure that was within the boundaries of a
state responsibility area, but that was later determined to no longer
fall within the boundaries of a state responsibility area shall file
any request for reimbursement for payment of the fire prevention fee
on a form developed pursuant to subparagraph (B) of paragraph (1)
with the board. The board shall review the request and, if it
determines the request for reimbursement should be granted, shall
forward the request to the State Board of Equalization for issuance
of a refund.  
   (3) The State Board of Equalization shall provide reimbursement of
any fire prevention fee paid by a person who is eligible for
reimbursement and is the owner of a structure that was determined by
the board, pursuant to paragraph (2), to no longer fall within the
boundaries of that state responsibility area.  
   (4) An owner of a structure in a state responsibility area that
receives reimbursement of that fee pursuant to this subdivision shall
not be entitled to any interest or penalties on any amounts
refunded.  
   (5) Reimbursements provided pursuant to this subdivision shall
only be available for fire prevention fees paid by an owner of a
structure between January 1, 2015, and December 31, 2016.