BILL NUMBER: AB 232 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 14, 2015
INTRODUCED BY Assembly Member Travis Allen
Obernolte
( Coauthors: Assembly Members
Alejo, Bigelow, Dodd,
Gallagher, Gipson, Gordon, Gray,
Lackey, Levine, Mayes,
Melendez, Olsen, Quirk, Waldron,
Wilk, and Wood )
( Coauthors: Senators Hill,
Liu, McGuire, Morrell,
Nielsen, and Roth )
FEBRUARY 4, 2015
An act to amend Section 5080.40 of 4222
of, and to amend, repeal, and add Sections 4213 and 4220 of,
the Public Resources Code, relating to parks and monuments.
forestry and fire prevention, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 232, as amended, Travis Allen Obernolte
. Parks and monuments: operating leases or
agreements. 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. Existing law requires
that the fee be 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, for a period of 5 years, extend the time when the
annual fire prevention fee is due and payable from 30 to 60 days
from the date of assessment by the State Board of Equalization and
authorize the petition for redetermination to be filed within 60 days
after service of the notice of determination, as specified.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law authorizes the Department of Parks and Recreation to
enter into agreements with an agency of the United States, a city,
county, district, or other public agency, or any combination thereof,
for the care, maintenance, administration, and control by a party to
the agreement of lands under the jurisdiction of a party to the
agreement, for the purpose of the state park system. Existing law
prohibits the department from entering into an operating lease or
agreement, or amendment, unless one of 2 conditions are met including
if, following enactment of the annual Budget Act, the State Public
Works Board determines, among other things, that the proposed lease
or agreement, or amendment, could not have been presented to the
Legislature for review during the annual budget process, as provided.
In those circumstances existing law authorizes the board to review
and approve the proposed lease or agreement, or amendment, no earlier
than 20 days after it has provided written notification to the
chairpersons of certain legislative committees, as provided.
This bill would instead authorize the board to review and approve
a proposed lease or agreement, or amendment, no earlier than 30 days
after it has provided written notification to the chairpersons of
those legislative committees, as provided.
Vote: majority 2/3 . 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 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 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.
(e) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 2. Section 4213 is added to the
Public Resources Code , to read:
4213. (a) (1) 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 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 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
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) If in any given 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.
(e) This section shall become operative on the date that is five
years after the effective date of the act adding this section.
SEC. 3. Section 4220 of the Public
Resources Code is amended to read:
4220. (a) 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.
(b) This section shall become inoperative on the date that is five
years after the effective date of the act adding this subdivision,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.
SEC. 4. Section 4220 is added to the
Public Resources Code , to read:
4220. (a) 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 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 period, the amount determined to be due becomes final at
the expiration of the 30-day period.
(b) This section shall become operative on the date that is five
years after the effective date of the act adding this section.
SEC. 5. 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 period,
period specified in subdivision (a) of Section 4220, 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.
SEC. 6. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure a smooth beginning for the 2016 fire prevention
fee collection period and to provide relief at the earliest possible
time to the rural property owners that this act seeks to assist, it
is necessary that this act take effect immediately.
SECTION 1. Section 5080.40 of the Public
Resources Code is amended to read:
5080.40. (a) An operating lease or agreement shall not be entered
into, or amended, pursuant to this article unless one of the
following occurs:
(1) The Legislature reviews the lease or agreement, or amendment,
as part of the annual budget process.
(2) Following enactment of the annual Budget Act, the State Public
Works Board determines that the proposed lease or agreement, or
amendment, could not have been presented to the Legislature for
review during the annual budget process, or that the proposed lease
or agreement, or amendment, was reviewed during the annual budget
process but it is necessary to revise the terms of the lease or
agreement, or amendment, in a material respect, and the State Public
Works Board determines that it is adverse to the interests of the
public to defer that review to the next annual budget process. Upon
making its determination, the State Public Works Board may review and
approve the proposed lease or agreement, or amendment, or any
revision thereof, no earlier than 30 days after providing written
notification to the Chairperson of the Joint Legislative Budget
Committee, the Chairperson of the Assembly Committee on
Appropriations, and the Chairperson of the Senate Committee on Budget
and Fiscal Review of the intended action. An action taken by the
State Public Works Board pursuant to this paragraph shall be reported
to the Legislature in the next Governor's Budget.
(b) The department shall include with the proposed lease or
agreement, or amendment, sufficient documentation to enable the
Legislature or the State Public Works Board, as the case may be, to
evaluate fully the estimated operating costs and revenues and all
terms upon which the lease or agreement, or amendment, is proposed to
be entered into. Specifically, the documentation shall identify both
of the following:
(1) Any anticipated costs to the state for operation or
development under the lease or agreement, or amendment, and the
anticipated state share of total operation and development costs.
(2) The anticipated annual revenues, net of operation costs, for
the unit and the state's share of these revenues.
(c) Leases or agreements shall be exempt from subdivisions (a) and
(b) when all of the following conditions exist:
(1) The lease or agreement involves operation of only a portion of
a unit of the state park system.
(2) The term of the lease or agreement is for a period of 20 years
or less.
(3) The lease's or agreement's impact to the unit, including
concessions revenue, will not exceed five hundred thousand dollars
($500,000) in annual gross revenue generated on the property.
(4) The lease or agreement does not involve a significant change
in state operational funding or staffing levels, and does not include
present or future state expenditures for development of the unit.
(d) An amendment to an existing lease or agreement shall be exempt
from subdivisions (a) and (b) when all of the following conditions
exist:
(1) The amendment involves operation of only a portion of a unit
of the state park system.
(2) The amendment's impact to the unit will not exceed five
hundred thousand dollars ($500,000) in annual gross revenue generated
on the property.
(3) The amendment does not involve a significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.