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SCA-8 Wildfires: funding.(2021-2022)

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SCA8:v98#DOCUMENT

Amended  IN  Senate  April 18, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Constitutional Amendment
No. 8

Introduced by Senator Nielsen

February 16, 2022

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Section 24 to Article XVI thereof, relating to wildfires.


LEGISLATIVE COUNSEL'S DIGEST


SCA 8, as amended, Nielsen. Wildfires: funding.
The California Constitution establishes the California Fire Response Fund and requires the Controller to transfer from the General Fund to the California Fire Response Fund a specified amount, as provided. The California Constitution requires moneys in the California Response Fund to be appropriated by the Legislature in each fiscal year exclusively for specified fire prevention purposes. The California Constitution establishes the Special District Fire Response Fund as a subaccount in the California Fire Response Fund, to be appropriated to special districts that provide fire protection services, as provided.
This measure would, contingent upon voter approval of an additional specified proposition at the ____ statewide general election, would revise and recast the California Fire Response Fund and the Special District Fire Response Fund, by among other things, requiring the Treasurer to annually transfer an amount equal to 1% of specified state revenues from the General Fund to the California Fire Response Fund, as provided.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
WHEREAS, Wildfires are an issue of statewide concern and the Legislature has failed to properly fund prevention efforts as fires continue to grow even more dangerous; now, therefore, be it
Resolved, That this measure shall be known, and may be cited, as the Wildfire Prevention and Forest Resiliency Act of 2022; and be it further
Resolved, That the people of the State of California hereby enact this act in order to dedicate General Fund revenue for fire protection and emergency response, address inequities in underfunded fire districts, ensure all communities are protected from wildfires, and safeguard the lives of millions of Californians without raising taxes.
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

First—

 That Section 24 is added to Article XVI thereof, to read:

SEC. 24.
 (a) The Treasurer shall annually transfer an amount equal to 1 percent of all state revenues that may be appropriated pursuant to Article XIII B, from the General Fund to the California Fire Response Fund, hereby created within the State Treasury. The first annual transfer shall occur in the first fiscal year following the effective date of this section.
(b) Moneys in the California Fire Response Fund are hereby continuously appropriated, notwithstanding Section 13340 of the Government Code, in each fiscal year exclusively for the purposes specified in this subdivision and shall not be appropriated for any other purpose and shall not supplant existing state or local funds used for those purposes. Moneys in the fund California Fire Response Fund shall be appropriated as follows:

(1)Twenty percent of the moneys in fund shall be appropriated to the Department of Forestry and Fire Protection for fire prevention activities, as described in Section 4137 of the Public Resources Code.

(2)Five percent of the moneys in the fund shall be appropriated to the California Conservation Corps for fire prevention activities, as described in Section 4137 of the Public Resources Code, in or adjacent to state responsibility areas, for the forestry corps program, pursuant to Chapter 4 (commencing with Section 14410) of Division 12 of the Public Resources Code, and for the Education and Employment Reentry Program, pursuant to Chapter 4.5 (commencing with Section 14415) of Division 12 of the Public Resources Code.

(3)Five percent of the moneys in the fund shall be appropriated to the Department of Corrections and Rehabilitation for fire prevention activities, as described in Section 4137 of the Public Resources Code, and the California Conservation Camp program, pursuant to Chapter 1 (commencing with Section 4951) of Part 4 of Division 4 of the Public Resources Code.

(4)Five percent of the moneys in the fund shall be appropriated to the Department of Parks and Recreation for, in order of priority, fire prevention activities, as described in Section 4137 of the Public Resources Code, in or adjacent to state responsibility areas, and to the State Parks and Recreation Fund, established pursuant to Section 5010 of the Public Resources Code, for the management and restoration of natural resources of the state park system.

(5)Five percent of the moneys in the fund shall be appropriated to the Timber Regulation and Forest Restoration Fund, established pursuant to Section 4629.3 of the Public Resources Code, to be used pursuant to Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code.

(6)(A)Forty percent of the moneys in the fund shall be deposited in the Special District Fire Response Fund, which is hereby created as a subaccount within the California Fire Response Fund. Moneys in the fund may be expended, upon appropriation, for special districts that provide fire protection services in accordance with the following criteria:

(i)Fifty percent of the amount described in this paragraph shall be used to fund fire suppression staffing in underfunded special districts that provide fire protection services, were formed after July 1, 1978, and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 50 percent of an initial full alarm assignment.

(ii)Twenty-five percent of the amount described in this paragraph shall be used to fund fire suppression staffing in special districts that provide fire protection services, were formed before July 1, 1978, are underfunded due to a disproportionately low share of property tax revenue and an increase in service level demands since July 1, 1978, and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 50 percent of an initial full alarm assignment.

(iii)Twenty-five percent of the amount described in this paragraph shall be used to fund fire suppression staffing in underfunded special districts that provide fire protection services and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 30 percent but less than 50 percent of an initial full alarm assignment.

(B)In determining whether a special district that provides fire protection services is underfunded for purposes of this paragraph, the Legislature shall take into account the following factors, in order of priority:

(i)The degree to which the special district’s property tax revenue is insufficient to sustain adequate fire suppression, as measured against the population density, size of the service area, and number of taxpayers within the boundaries of the special district.

(ii)Whether the special district, upon formation, received a property tax allocation in accordance with Chapter 282 of the Statutes of 1979.

(iii)Geographic diversity.

(C)The allocation of moneys to a special district that qualifies pursuant to this paragraph shall be in the form of grants, with a term of not less than 10 years, in order to ensure that the special district can engage in responsible budgeting and sustain adequate fire suppression services over the long term.

(7)(A)Twenty percent of the moneys in the fund shall be appropriated to the Department of Forestry and Fire Protection to be used to provide grants pursuant to Article 2.5 (commencing with Section 4124) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code.

(B)In addition to the eligible activities established by Sections 4124.5 and 4124.7 of the Public Resources Code, for purposes of the appropriation made by subparagraph (A), the Department of Forestry and Fire Protection shall prioritize projects that manage vegetation and debris along roadsides, public easements, bridges, riverbanks, highway underpasses, highway overpasses and any other public area adjacent to a transportation corridor to prevent the ignition of wildfires.

(1) Twenty percent of the moneys in the California Fire Response Fund shall be appropriated to the Department of Forestry and Fire Protection to fund fire suppression staffing.
(2) Eighty percent of the moneys in the California Fire Response Fund shall be deposited in the Special District Fire Response Fund, which is hereby created as a subaccount within the California Fire Response Fund, and appropriated to special districts that provide fire protection services in accordance with the following criteria:
(A) Fifty percent of the amount described in this paragraph shall be used to fund fire suppression staffing in underfunded special districts that provide fire protection services, were formed after July 1, 1978, and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 50 percent of an initial full alarm assignment.
(B) Twenty-five percent of the amount described in this paragraph shall be used to fund fire suppression staffing in special districts that provide fire protection services, were formed before July 1, 1978, are underfunded due to a disproportionately low share of property tax revenue and an increase in service level demands since July 1, 1978, and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 50 percent of an initial full alarm assignment.
(C) Twenty-five percent of the amount described in this paragraph shall be used to fund fire suppression staffing in underfunded special districts that provide fire protection services and employ full-time or full-time-equivalent station-based personnel who are immediately available to comprise at least 30 percent but less than 50 percent of an initial full alarm assignment.
(3) In determining whether a special district that provides fire protection services is underfunded for purposes of paragraph (2), the Legislature shall take into account the following factors, in order of priority:
(A) The degree to which the special district’s property tax revenue is insufficient to sustain adequate fire suppression, as measured against the population density, size of the service area, and number of taxpayers within the boundaries of the special district.
(B) Whether the special district, upon formation, received a property tax allocation in accordance with Chapter 282 of the Statutes of 1979.
(C) Geographic diversity.
(4) The allocation of moneys to a special district that qualifies pursuant to paragraph (2) shall be in the form of grants, with a term of not less than 10 years, in order to ensure that the special district can engage in responsible budgeting and sustain adequate fire suppression services over the long term.

Second—

This measure shall only take effect if both this measure and Proposition ____, which proposes to amend Sec. 2.2 of Article XIII A of the California Constitution, are approved by the voters at the ____ statewide general election.

Third Second—

 The provisions of this measure are severable. If any provision of this measure or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.