Article
5.75. Firefighting Equipment Bond Act of 2002
8590.10.
(a) Legislature finds and declares all of the following:
(1) Firefighters every day risk their lives and should be equipped with the best available equipment that can reduce their risk of harm when fighting fires and increase the survival rate of fire victims.
(2) There is a significant lack of adequate firefighting equipment in many local firefighting agencies around the state. Equipment is in many cases outdated or not available. Existing equipment technologies now exist that increase the safety of firefighters and enhance their firefighting effectiveness, especially in the area of toxic and hazardous materials fires.
(3) For example, thermal imaging technology and equipment, now exist to increase firefighters’ ability to work safely in a smoke-filled environment by allowing them to see and maneuver amidst smoke, locate the fire, and identify victims and other firefighters more quickly, thereby saving lives and money.
(4) Thermal imaging equipment is expensive, costing in the range of $18,000 to $25,000 per unit. A growing number of fire departments across the nation use thermal imaging equipment. The State of New Jersey has purchased a thermal imaging unit for each fire district in that state.
(5) It is the intent of the Legislature to create a state purchasing program to leverage the state’s buying power to purchase thermal imaging and other firefighting equipment for firefighters throughout the State of California.
(b) This article shall be known, and may be cited, as the Firefighting Equipment Bond Act of 2002.
8590.11.
As used in this article, the following terms have the following meanings:(a) “Board” means the Office of Emergency Services.
(b) “Committee” means the Firefighting Equipment Bond Finance Committee created pursuant to subdivision (a) of Section 8590.15.
(c) “Director” means the Director of the Office of Emergency Services.
(d) “Equipment” includes, but is not limited to, firefighting equipment, and fire apparatus and appurtenances thereto.
(e) “Firefighting equipment” includes, but is not limited to, equipment specified in Chapter 5 of the 1997 Edition of NFPA Pamphlet 471, Recommended Practice for Responding to Hazardous Materials Incidents.
(f) “Fire apparatus” includes, but is not limited to, those apparatus specified in the 1999 Edition of NFPA Pamphlet 1901, Standard for Automotive Fire Apparatus; the 2001 Edition of NFPA Pamphlet 1906, Standard for Wildland Fire Apparatus; the 2001 Edition of NFPA Pamphlet 414, Aircraft Rescue and Fire Fighting Vehicles; Appendix B of the 1998 Edition of NFPA Pamphlet 295, Standard for Wildfire Control; and the 1998 Edition of NFPA Pamphlet 1925, Standard Marine Fire Fighting Vessels.
(g) “Fund” means the Firefighting Equipment Bond Fund created pursuant to subdivision (a) of Section 8590.12.
(d)
(h) “NFPA” means the National Fire Protection Association.
(i) “Program” means the Firefighting Equipment Bond program established pursuant to this article.
8590.12.
(a) The proceeds of bonds issued and sold pursuant to this article shall be deposited in the Firefighting Equipment Bond Fund, which is hereby created.(b) The money in the fund shall be available for appropriation by the Legislature, in the manner set forth in this article, according to current needs and priorities at the time of appropriation, for allocation by the Office of Emergency Services for providing equipment, including, but not limited to, thermal imaging equipment pursuant to Article 5.7, to firefighting agencies.
(c) In order to maximize the expenditure of the bond funds the director shall do all of the following:
(1) Assess the equipment needs of firefighting agencies.
(2) For any item that sells for a retail figure of five thousand dollars ($5,000) or more per unit, the director shall institute a state equipment-purchasing program similar to that provided for in Article 5.7 (commencing with Section 8590). Nothing herein prohibits the director from including equipment that retails for less than five thousand dollars ($5,000) per unit upon a finding by the director that substantial state savings can be made by including the product in a state-purchasing program.
(3) Use the advisory committee established in Section 8590.3 and purchase the equipment at the lowest possible price from a reliable vendor that meets specified requirements.
(4) Distribute equipment purchased under this program on the basis of the factors established in Section 8590.4.
(d) The proceeds from the sale of the bonds pursuant to this article shall supplement, not supplant, any existing resources available for the purposes described in subdivision (b).
(d)
(e) The funds deposited into the fund pursuant to this section may be expended by the Office of Emergency Services, upon appropriation by the Legislature, for the purposes specified pursuant to this article.
8590.13.
Bonds in the total amount of ____ eighty-five million dollars ($85,000,000), not including the amount of any refunding bonds issued in accordance with Section 8590.22, or so much thereof as is necessary, may be issued and sold to provide a fund to be used for carrying out the purposes set forth in Section 8590.12 and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5. The bonds, when sold, shall be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of the principal of, and interest on, the bonds as the principal and interest become due and payable.8590.14.
The bonds authorized by this article shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2), and all of the provisions of that law apply to the bonds and to this article and are hereby incorporated in this article as though set forth in full in this article.8590.15.
(a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this article, the Firefighting Equipment Bond Finance Committee is hereby created. For purposes of this article, the Firefighting Equipment Bond Finance Committee is “the committee” as that term is used in the State General Obligation Bond Law. The committee consists of the Governor, the Controller, the Director of Finance, the Treasurer, and the secretary, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee.(b) For purposes of the State General Obligation Bond Law, the Office of Emergency Services is designated the “board.”
8590.16.
The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this article to carry out Section 8590.12 and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time.8590.17.
There shall be collected each year and in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year. It is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act that is necessary to collect that additional sum.8590.18.
Notwithstanding Section 13340, there is hereby appropriated from the General Fund in the State Treasury, for the purposes of this article, an amount that will equal the total of the following:(a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this article, as the principal and interest become due and payable.
(b) The sum necessary to carry out Section 8590.19, appropriated without regard to fiscal years.
8590.19.
For purposes of carrying out this article, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this article. Any amount withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund from proceeds received from the sale of bonds for the purpose of carrying out this article.8590.20.
Pursuant to Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2, the cost of bond issuance shall be paid out of the bond proceeds. These costs shall be shared proportionally by each program funded through this bond act.8590.21.
Actual costs incurred in connection with administering programs authorized under Section 8590.12 shall be paid from the funds authorized by this act.8590.22.
The secretary may request the Pooled Money Investment Board to make a loan from the Pooled Money Investment Account, in accordance with Section 16312, for purposes of carrying out this article. The amount of the request shall not exceed the amount of the unsold bonds that the committee, by resolution, has authorized to be sold for the purpose of carrying out this article. The secretary shall execute any documents required by the Pooled Money Investment Board to obtain and repay the loan. Any amounts loaned shall be deposited in the fund to be allocated by the board in accordance with this article.8590.23.
All money deposited in the fund that is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.8590.24.
The bonds may be refunded in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2, which is a part of the State General Obligation Bond Law. Approval by the voters of the state of the issuance of the bonds described in this article includes the approval of the issuance of any bonds to refund any bonds originally issued under this article or any previously issued refunding bonds.8590.25.
Notwithstanding any other provision of this article or the State General Obligation Bond Law, if the Treasurer sells bonds pursuant to this article that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes, subject to designated conditions, the Treasurer may maintain separate accounts for the investment of bond proceeds and the investment earnings on those proceeds. The Treasurer may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law or to take any other action with respect to the investment and use of bond proceeds required or desirable under federal law to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.8590.26.
The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this article are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.