HomeMy WebLinkAboutCA - Office of Administrative Lawr ~~
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Mo hannam, Kathleen
From: Moghannam, Kathleen
Sent: Wednesday, December 21, 2011 4:16 PM
Ta: BOS
Cc: Hahn, Paul
Subject: FW: 5RA Fee comments -Butte County
Attachments: OAL Letter 11-19-11.pdf; sra fee process.pdf
Board members-
The attached letter from the State's Office of Administrative Law (OAL) was received on December 19, 2011. The Fetter
firom OAL is a notice that the comments sent by Butte County by regular mail "did not arrive within five calendar days
after receipt of the regulation filing."
However, both a faxed copy and a scanned copy of the Comments sent by email were submitted to the OAL within the
required timeframe. The original email sent to the OAL on Monday December 5t" is below. The above pdf entitled "sra
fee process" was the attachment in the original email.
All of the attached will be included in the board correspondence record. Let me know if you have arty questions.
Thanks,
Kathleen Moghannam
Assistant Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200
Oroville, CA 95965
530-538-7643
Frorn: Pickett, Andy
Sent: Monday, December 05, 201.1 3:58 PM
To: 'staff@oal.ca.gov`
Cc: 'board.public.comments@fire.ca.gov'; Lambert, Steve; Yamaguchi, Kim
Subject: SRA Fee comments -Butte County
See attached letter. Also sent by fax and mail.
Andy Pickett
Deputy Administrative Officer
County of Butte
530,538.7052
"COUNTY OF QUTTC E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private. cpniidential, and privileged material fqr the sale use of
the intended recipient. Any eevievr. copying, or distribution of this a-mait (or any attacl3ments thereio) by other than the County of Sutte or the intended recipient is
strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanentty delete the origina€ and any copies of this a-mail
and any a#tachments thereto."
CC', BOS,~fo/P~~~*t
1 ;,~~.
STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor
OFFICE OF ADMINISTRATIVE LAW
300 Capitol Mall, Suite 1250
Sacramento, CA 95894
(916) 323-6225 FAX {916) 323.6826
DEBRA M. CORNEZ
Acting Director
December 14, 2011
Steve Lambert, Chair
Butte County Board of Supervisors
25 County Center Drive, Suite 200
Oroville, CA 95965
Dear Mr. Lambert:
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BOARp pFg~PERV130FtS
DEC i 9 ~Uf~
O~OVILLE, CALlfiORHlA
Thank you for your recent comment concerning the emergency regulation submitted to
the Office of Administrative Law ("OAL") by the California Department of Forestry and
Fire Protection (CDF).
When we receive comments on emergency regulations, we make careful note of when
the comments arrive here. Of course OAL cannot consider comments received after
OAL has already acted ,upon the emergency regulation, but, in addition, OAL is
forbidden by law from considering comments which do not arrive within fiive calendar
days afl:er receipt of the regulation filing. (Title 1, Caiifornia Code of Regulations
section 55(b)(2).) We regret to inform you that your comment was not received during
that time period. Thus, we cannot consider your comment and we are required to
return it to you. (Title 1, California Code of Regulations, section 55(c}.)
We encourage you to re-submit this comment to the CDF during the 45-day public
comment period which precedes permanent adoption of the regulation. (If you do this,
your views wil! be considered, not only by the adopting agency, but also by OAL when
we later receive ,the permanent regulation filing.) For information on the precise
deadline for receipt of comments on the permanent regulation contact Eric Huff,
Regulations Coordinator, at (916) 653-8031.
By this fetter I am returning your comment.
Sincerely,
Belinda Hernandez .: .
Administrative Assistant
BOARD OF SUPERVISORS
ADMINISTRATION CENTER
25 COUNTY CENTER DRIVE, SUITE 200 - OROVILLE, CALIFORNIA 95965
TELEPHONE: (530) 538-763
;! '1l~/
BILL CONNELLY
First District
LARRY WAHL
Second District
MAUREEN KIRK, Uce Chair
Third ^EStrICt
STEVE LAMBERT, Chair
Fourth District
KIM K. YAMAGUCH]
Fifth District
December 5, 2011
OAL Reference Attorney
California Office of Administrative Law
300 Capitol Mall, Suite ~ 250
Sacramento, CA 95814
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RE: SRA Fee Regulations - 14 CCR, Ch. 13 § 1665 ~~, n
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To Wham It May Concern: ~a ~:_
On behalf of the Butte County Board of Supervisors I am writing to object tohe va~dity of
the emergency regulation currently under OAL review for the adoption of th~tate~-
Responsibility Area Fire Prevention Benefit Fees.
The California Board of Forestry and Fire Protection {Board) has already adopted
emergency regulations, as required in AB 29X (B[umenfield). The Board held a special
session on August 22, 2011 to consider the regulations and allowed the public time to
review and comment.
Subsequent to adopting the emergency regulations, however, the Board of Forestry and
Fire Protection did not submit them to your office for approval. Instead, the Board held the
regulations for three months.
In November, the Board of Forestry and Fire Protection adopted new emergency
regulations with inadequate opportunity for public comment. The new language was posted
two days before the Board adopted the regulations, and no notice was sent to
stakeholders. By so doing, the Board of Forestry and Fire Protection made it difficult for the
public to provide meaningful input.
The Butte County Board of Supervisors requests the Office of Administrative Law
disapprove the proposed SRA Fee Rules based on the absence of an emergency. If a
situation existed that clearly posed an immediate and serious harm, as is required to exist
in order to adopt emergency regulations, the Board of Forestry and Fire Protection could
have proceeded nearly three months earlier.
The Butte County Board of Supervisors ask that the proposed SRA Fee be subject to a
more transparent and reasonable vetting process, which includes extensive public notice,
as well as sufficient time for stakeholders to provide meaningful input.
Sincerely,
~~
Steve Lambert
Chair, Butte County Board of Supervisors
cc: Members, Butte County Board of Supervisors
The Honorable Governor Jerry Brown
The Honorable Senator Doug La Malfa
The Honorable Assemblyman Jim Nielsen
The Honorable Assemblyman Dan Logue
Ms. Ana Matosantos, Director of the Department of Finance
George Gentry, Executive Officer California Board of Fores#ry and Fire Protection
Chief Ken Pimlott, Director of CAL FIRE
Pau[ Yoder, Shaw Yoder
Karen Keene, California State Association of Counties
Stacy Heaton, Regional Council of Rural Counties
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