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SB-1044 State Responsibility Area Fire Prevention Fees.(2017-2018)

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Date Published: 02/08/2018 09:00 PM
SB1044:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1044


Introduced by Senator Berryhill
(Principal coauthor: Senator Gaines)
(Principal coauthor: Assembly Member Patterson)
(Coauthors: Senators Fuller, Morrell, and Nielsen)
(Coauthor: Assembly Member Obernolte)

February 08, 2018


An act to amend Section 4229 of, and to add Chapter 1.6 (commencing with Section 4230) to Part 2 of Division 4 of the Public Resources Code, relating to fire prevention.


LEGISLATIVE COUNSEL'S DIGEST


SB 1044, as introduced, Berryhill. State Responsibility Area Fire Prevention Fees.
Existing law provides that the state has 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 until July 1, 2017, required that a fire prevention fee be charged on each habitable structure on a parcel that is within a state responsibility area, to be used for specified fire prevention activities, and prescribed procedures for the collection and processing of the fees by the California Department of Tax and Fee Administration. Existing law repeals those provisions requiring the payment of the fee on January 1, 2031.
This bill would instead repeal those provisions on January 1, 2019. The bill would also require the California Department of Tax and Fee Administration, no later than January 1, 2020, to develop and implement a process for providing for refunds of any fire prevention fees collected by the department, commencing in the 2011-2012 fiscal year until July 1, 2017, from each owner of a habitable structure located in a state responsibility area pursuant to those provisions. The bill would also require the department to adopt regulations setting forth requirements for the application, review, and refund of those fees paid by the owner of a habitable structure, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4229 of the Public Resources Code is amended to read:

4229.
 This chapter shall remain in effect only until January 1, 2031, 2019, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2031, 2019, deletes or extends that date.

SEC. 2.

 Chapter 1.6 (commencing with Section 4230) is added to Part 2 of Division 4 of the Public Resources Code, to read:
CHAPTER  1.6. Fire Prevention Fee Refund

4230.
 (a) The California Department of Tax and Fee Administration shall, no later than January 1 2020, develop and implement a process for providing for a refund of any fire prevention fees collected by the department, commencing in the 2011-12 fiscal year until July 1, 2017, from each owner of a habitable structure located in a state responsibility area pursuant to Chapter 1.5 (commencing with Section 4210).
(b) The department shall adopt regulations setting forth requirements for the application, review, and refund of any fee paid by the owner of a habitable structure as provided in subdivision (a).