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SB-1215 Fire protection: Office of the State Fire Marshal: State Board of Fire Services: membership: quorum.(2023-2024)

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Date Published: 07/15/2024 09:00 PM
SB1215:v97#DOCUMENT

Senate Bill No. 1215
CHAPTER 133

An act to amend Sections 13140, 13140.5, and 13140.6 of the Health and Safety Code, relating to fire protection, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  July 15, 2024. Filed with Secretary of State  July 15, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1215, Committee on Governmental Organization. Fire protection: Office of the State Fire Marshal: State Board of Fire Services: membership: quorum.
Existing law creates in the Office of the State Fire Marshal a State Board of Fire Services to succeed to all the powers, duties, and responsibilities of the former State Fire Advisory Board. Under existing law, the board is composed of one representative each from the insurance industry, city government, a fire district, and county government, a volunteer firefighter, 3 fire chiefs, and 5 fire service labor representatives, all appointed by the Governor, as provided. Under existing law, the board is also composed of the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection who is not the State Fire Marshal, the Director of Emergency Services, the Chairperson of the California Fire Fighter Joint Apprenticeship Committee, and the cultural burning liaison, as provided.
This bill would also require the Governor to appoint the cultural burning liaison. The bill would authorize the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection who is not the State Fire Marshal, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Committee to assign a designee to serve as a proxy on the board.
Existing law requires the Governor to select one of the 5 fire service labor representatives from a list of names submitted by the California Department of Forestry and Fire Protection Firefighters.
This bill would instead require the Governor to select one of the 5 fire service labor representatives from a list of names submitted by the CAL FIRE Firefighters Local 2881.
Under existing law, a quorum of the board consists of not less than 9 members of the board.
This bill would increase the minimum number of members for a quorum of the board to 10.
This bill would also make conforming changes, including correcting the number of members on the board.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 13140 of the Health and Safety Code is amended to read:

13140.
 There is hereby created in the Office of the State Fire Marshal a State Board of Fire Services, which shall consist of 18 members. The State Board of Fire Services succeeds to all of the powers, duties, and responsibilities of the State Fire Advisory Board, which is hereby abolished. Whenever the term “State Fire Advisory Board” appears in any other law, it means the State Board of Fire Services.

SEC. 2.

 Section 13140.5 of the Health and Safety Code is amended to read:

13140.5.
 (a) The board shall be composed of 18 voting members, 4 of whom shall serve ex officio and 14 of whom shall be appointed by the Governor, as described in subdivisions (b) and (c).
(b) The following members shall serve ex officio and may assign a designee to serve as a proxy on the board: the State Fire Marshal, the Chief Deputy Director of the Department of Forestry and Fire Protection who is not the State Fire Marshal, the Director of Emergency Services, and the Chairperson of the California Fire Fighter Joint Apprenticeship Committee.
(c) (1) The following members shall be appointed by the Governor: one representative of the insurance industry, one volunteer firefighter, three fire chiefs, five fire service labor representatives, one representative from city government, one representative from a fire district, the cultural burning liaison pursuant to Section 703 of the Public Resources Code, and one representative from county government.
(2) Each member appointed shall be a resident of this state.
(3) The volunteer firefighter shall be selected from a list of names submitted by the California State Firefighters Association. One fire chief shall be selected from a list of names submitted by the California Fire Chiefs’ Association; one fire chief shall be selected from a list of names submitted by the Fire Districts Association of California; and one fire chief shall be selected from a list of names submitted by the California Metropolitan Fire Chiefs. One fire service labor representative shall be selected from a list of names submitted by the California Labor Federation; one fire service labor representative shall be selected from a list of names submitted by the California Professional Firefighters; one fire service labor representative shall be selected from a list of names submitted by the International Association of Fire Fighters; one fire service labor representative shall be selected from a list of names submitted by the CAL FIRE Firefighters Local 2881; and one fire service labor representative shall be selected from a list of names submitted by the California State Firefighters Association. The city government representative shall be selected from elected or appointed city chief administrative officers or elected city mayors or council members. The fire district representative shall be selected from elected or appointed directors of fire districts. The county government representative shall be selected from elected or appointed county chief administrative officers or elected county supervisors.
(4) The appointed members shall serve a term of four years.
(5) Any member chosen by the Governor to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the member that appointed member is to succeed.

SEC. 3.

 Section 13140.6 of the Health and Safety Code is amended to read:

13140.6.
 A quorum of the board shall consist of not less than 10 members of the board. Except as provided in Section 13140.5, proxy representation shall not be permitted.

SEC. 4.

 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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect against imminent threats to life and property due to wildfires, it is necessary that this act take effect immediately.