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HomeMy WebLinkAboutForestry - FireSTATE OF CALIFORNIA-THE NATURAL RESOURCES AGENCY ~`~~ Q~ 5~~~ Edmund G. Brown, Jr., Governor BOARD OF FORESTRY AND FIRE PROTECTION ~~N ~ .~ P,O. Sox 944246 ~' ~7~,I~ SACRAMENTO, CA 94244-2460 ~6~Vt~~ r• (~~ Websile:www.boffrre.ca.gov ~S ~C t'i~j-j~~ (91 B} 653$007 R~~a Sate Board of Fores and Fire Protection Notice o€ Public Comment Period and Findings Pursuant to Government Code Sec#ion 11346.1 (b) Emergency Rules to Implement State Responsibility Area Fees Notice Date: January 12, 2012 The California Board of Forestry and Fire Protection (hereafter "BOF") is promulgating an emergency regulation necessary to implement AB X1 29, Chapter 741, Statutes of 2011. This action is being taken in accordance with Government Code Sections 11346.1 and 19349.6 of the California Administrative Procedures Act. Pending Board approval of this emergency regulation at their regularly scheduled meeting of January 11, 2012, this regulation will be submitted to the Office of Administrative Law on .fanuary .~12, 2012. If you wish to comment on proposed emergency regulations, you must submit the comment directly to the Office of Administrative Law (hereafter "OAL")within five calendar days of OAL's posting of the proposed emergency regulations on the OAL web site. You may submit comments on proposed emergency regulations to: Mail: OAL Reference Attorney 300 Capitol Mall, Suite 1250 Sacramento, California 95814 Fax: (916) 323-6826 E-mail• staff oal.ca. ov. It is anticipated in this instance that OAL will accept and consider all comments submitted by the specified deadline. However, pursuant to Government Code Section 11349.6(b), QAL is not compelled to do so, "if the emergency situation clearly poses such an immediate, serious harm that delaying action to allow public comment would be inconsistent with the public interest." When you submit a comment to DAL, you must also submit a copy of your comment to the rulemal<ing agency's specifed contact person. The 8oaraf s mission is to lead California in developing policies and pragr~ams that serve the public interest in environmentally, ecanomicaity, and socially sustainable management of forest and rangelands, and a Ere protecSon system that protects and serves Uae people of the state. ',, OAL will confirm that. the.agerlcy~ha~ received the comment before considering it. Pursuant to Title °'f;`California Code of Regulations, Section 55(b){1) through {4), the comment must state'ihat it is about an emergency regulation currently under OAL review, and incf~de the topic of the emergency. The BOF is not required to respond to comments submitted. However, should the BOF choose to respond, it must submit its response to OAL within eight {8} calendar days following the date of submission of the proposed emergency regulation to OAL, unless specific exceptions are applicable. [Title 1 CCR Section 55~ Mail: George Gentry Executive Officer California Board of Forestry and Fire Protection P.O. Box 944246 Sacramento, CA 944244-2460 Fax: (9'16) 653-0989 E-mail: Board. ubiic.comments fire.ca. av Comments must be received by 5:00 PM, January 17, 2012. It is requested, but not required, that written statements ar arguments be submitted in triplicate. FINDINGS OF EMERGENCY The following findings serve as the basis for the Board of Forestry and Fire Protection's proposed action to adopt emergency regulations to implement a program far collection of "State Responsibility Area Fire Prevention Fees": 1. Pursuant to Public Resources Code Section 4212(c}, authorized by the Governor's approval of Assembly Bill Number 29 of the First Extraordinary Session of 2011, promulgation of these regulations is expressly deemed an emergency by the State Legislature and necessary for the immediate preservation of the public peace, health and safety, and the general welfare. 2. Existing law requires the Board of Forestry & Fire Protection (hereafter "BOF") to designate areas of the state as "State Responsibility Area" (hereafter "SRA"), and for the Department of Forestry & Fire Protection (hereafter "CAL FIRE") to provide protection of life, property, and natural resources from the effects of fire. SRA lands cover about thirty- one (31) million acres in fifty-six {56) counties, and include an estimated 1.1 million to 1.5 million individual parcels. 3. The newly enacted statute, Public Resources Code Section 4210 provides a legislative finding and declaration that protection of public trust resources from the effects of fire on lands in SRA remains of vital interest to the citizens of California. 2 2 This Section further states that lands covered in whole or part by a diverse p{ant community, when protected from the effects of fire, prevent excessive erosion, slaw runoff of precipitation, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses. 4. The newly enacted statute, Public Resources Gode Section 4210 provides a legislative finding and declaration that the presence of structures within SRA can pose an increased risk of fire ignition and an increased potential for fire damage within the state's wildlands and watersheds. The presence of structures within SRA can also impairwild land firefighting techniques and could result in greater damage to state resources caused by wildf res. 5. The newly enacted statute; Public Resources Code Section 4210 provides a legislative finding and declaration that the costs of fire prevention activities aimed at reducing the effects of structures upon State fire protection responsibilities in SRA should be borne by the owners of these structures. 6. The newly enacted statute, Public Resources Code Section 4210 provides a legislative finding and declaration that individual owners of structures within SRA receive a disproportionately larger benefit from fire prevention activities than that realized by the state's citizens generally. 7. The newly enacted statute, Public Resources Cade Section 4210 provides a legislative finding and declaration of intent that the economic burden of fire prevention activities associated with habitable structures in SRA be equitably distributed among the citizens of the state who generally benefit from such activities and those citizens who receive a specific benefit toward the protection of their habitable structures in SRA. 8. The newly enacted statute, Public Resources Code Section 4210 provides a legislative fnding and declaration that it is necessary to impose a fire prevention fee upon individual owners of structures in SRA to fund fire prevention activities in those areas from which such owners derive a specific benefit. 9. The newly enacted statute, Public Resources Code Section 4212 directs the Board of Forestry and Fire Protection to adopt emergency regulations that establish an "SRA Fire Prevention Fee"~in an amount not to exceed one hundred-fifty dollars ($150.00) for each structure on a parcel within the SRA boundary. 10. The newly enacted statute, Public Resources Code Section 4212 provides a legislative f nding and declaration that fire prevention fees of not mare than one hundred- fifty dollars ($150.00) per habitable structure are a reasonable amount for the necessary fire prevention activities of the state that benefits individual owners of such structures within the SRA boundary. 11. The newly enacted statute, Public Resources Code Section 4214 specifies that all SRA Fire Prevention Fees collected, notwithstanding provisions for reimbursement of administrative costs incurred by the State Board of Equalization, State Board of Forestry & Fire Protection, and Department of Forestry & Fire Protection, shall be deposited into the "State Responsibility Area Fire Prevention Fund" to be created in the State Treasury. K~ 3 All fees collected in excess of administrative costs of the program shall be expended only for fire prevention activities in the SRA. The collected fees may be.expended in the form of local assistance grants; .grants to Fire Safe Councils, the California Conservation Corps, or certified local conservation corps, or grants to qualified nonprofit organizations. The collected fees may also be expended for defensible space inspections pursuant to Public Resources Code Section 4291, public education, frre severity and hazard mapping, or other fire prevention projects authorized by the Board of Forestry & Fire Protection. II. AUTHORITY AND REFERENCE Assembly Bilf Number 29 of the First Extraordinary Session (hereafter "ABX9 29") was authored by Assemblyman Blumenfield and sought to create a fee for State fire prevention services. According to the bill, this fee was to be exclusively charged to individual owners of structures in areas designated by the State Board of Forestry and Fire Protection as "State Responsibility Area" {hereafter "SRA")for fire protection. Thee rationale for this exclusive fee for services, as specified in the bill, is that individual owners of structures in the SRA receive a "disproportionately larger benefit" from State fire prevention activities than the general citizenry {see Public Resources Code Section 4210(d)). As the Legislature found that structures within the SRA may pose an increased risk of fire ignition and increased potential for fire-related damage to the natural resources of the State, it was deemed appropriate to create afee-based funding mechanism to support State fire prevention efforts in the SRA. On June 15, 2011, the California State Senate, on a vote of 23 Ayes and 16 Noes, approved ABX1 29. Senate amendments to the bill were concurred in that day and the Assembly, on a~vote of 52'Ayes to 26 Noes likewise approved~the bill. On Jufy 7,209'!, Governor Edmund G. Brown, Jr. signed ABX9 29 into law and it was filed with the Secretary of State on the following day. In approving ABX1 29, the State Legislature declared the following as found in the enacted statute, Section 4212{c) of the Public Resources Code: The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate Preservation of the public peace, health, and safety, or general welfare. {Underline added for emphasis) The statute being implemented, interpreted, and made specific is Chapter 741/Statutes 2011 adding Public Resources Code Sections 4210-4228. Pursuant to the authority provided by the enacted statute, the Board of Forestry and Fire Protection {BOF) proposes to add Chapter 13 to Titie 94 of the California Code of Regulations. Within new Chapter 13, the Board proposes to add Sections 1665.1-1665.8 in accordance with the provisions of the statute. In addition to the newly enacted statute, references utilized in the development of the proposed emergency regulation include Sections 4003, 4102, 4111, 4114, and 4125 of the Public Resources Code. 111. INFORMATIVE DIGESTIPLAIN ENGLISH POLICY STATEMENT OVERVIEW Section 4210 et seq. of the Public Resources Code imposes an annual "State Responsibility Area Fire Prevention Fee." 4 This fee is to be paid by individual owners of habitable structures located on lands that lie within a designated State Responsibility Area (SRA). The Board designates SRA boundaries pursuant to Public Resources Code Section 4102. ,SRA lands roughly correspond to areas that are covered in timber and other vegetation, or contiguous rangelands, which provide watershed value. They do not include areas within federal ownership or within incorporated cities. The emergency regulations reference the statutory definition of SRA. Section 1665.9 of the proposed emergency regulation simply references the authority #or the regulation found in newly enacted statute, Public Resources Code Section 4210, et seq. Section 1665.2 of the proposed emergency regulation provides definitions for the following terms utilized throughout the remainder of the regulation: "©welGng Unit," "Habitable Structure," "Manufactured Home," "Mobile Home," "Properly Owner," "State Responsibility Area," "Benefit Fee," and "Fire Prevention Fund." Clear definition of these terms is critical to irnplementatian of the regulation and comprehension of its effects by the affected regulated public. For example, in accordance with Public Resources Code Section 4211(a), this emergency regulation defines "habitable structure" as a building that contains one or more dwelling units or that can be occupied for residential use. Such structures provide independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking, and sanitation. Examples would include single family homes, multi-dwelling structures, mobile and manufactured homes, and condominiums. Habitable structures da not include incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds. Section1665.3 of the proposed emergency~regulation specifies that the Department or its "Designated Fee Administrator" will determine which structures are eligible far payment of the fee. Consistent with the authorizing statute, Public Resources Code Section 4214(h), the emergency regulation specifies that CAL FIRE may contract with a "designated fee administrator" for services related to the establishment of the fre prevention fee collection process. Examples of the services provided include, but are not limited to determination of what structures are eligible for the fee, and forwarding lists of eligible parcels and fees to the State Board of Equalization. This provision of the regulations is intended to lead to consistent and experienced administration of the fee across the state. Section 1665.4 of the proposed emergency regulation simply restates that the fire prevention fee will be imposed upon all property owners within SRA whose property includes one or more habitable structures. This provision in the regulation is included pursuant to the authorizing statute, Public Resources Cade Section 4212. Section 1665.5 of the proposed emergency regulation provides for a process by which individuals billed for payment of the benefit fee may petition the Department of Forestry & Fire Protection for review of fee consistency with the regulation and possible redetermination of the fee amount. This provision in the regulation is included pursuant to the authorizing statute, Public Resources Code Sections 4220-4228. Section 1665.6 of the proposed emergency regulation specifies the fire prevention fee amount per habitable structure and the fund within the State Treasury where collected fees will be deposited. This provision in the regulation is included pursuant to the authorizing statute, Public Resources Code Sections 4212-4214. 5 Section 1665.7 of the proposed emergency regulation provides for a reduction of thfrty- five dollars ($35.00) per habitable structure when such structures exist within the boundary of a focal agency that provides fire protection services. While the authorizing statute does not expressly provide for such a reduction, Section 4212 of the statute does authorize the collection of a fee "in an amount not to exceed one hundred-fifty dollars ($150.00}." This would imply that the Board has the discretion to reduce the fee amount where sufficient cause exists. Public testimony regarding this proposed emergency regulation to date has demonstrated that many if not a majority of habitable structure owners in SRA already pay a local agency for fire protection services. These payments are typically in the form of Iota( annual property tax assessments for which local agencies sought and received focal voter approval. Annual local fire protection service assessment amounts appear to vary by locale, but may be significantly Power or slightly higher than the fee authorized by statute and provided for in this emergency regulation. In light of overwhelming public testimony regarding current payment of local fire protection assessments, the Board of Forestry & Fire Protection was compelled to consider a fee reduction to same level. The Department of Forestry & Fire Protection estimates that there are approximately 800,000 habitable structures within SRA. Based upon this estimate and the reported reduction of the Department's General Fund budget allocation by fifty (50) million dollars, the Board contemplated a maximum fee reduction amount. The Board determined that a maximum fee reduction of thirty-five dollars ($35.00} per habitable structure would still provide for a level of funding that is consistent with Department fire protection service level needs and would satisfy the intent of the statute. Section 1665.8 of the proposed emergency regulation restates the:enacting statute's provisions for the awarding of grants as they are identified in Public Resources Code Sections 4214(4)-(f). Section 1665.8 also includes specific contemporary examples of the types of fire prevention projects that may qualify for grant funding. One example project identified in the regulation is the development or updating of "Community Wildfire Protection Plans" pursuant to the #ederal "Healthy Forests Restoration Act of 2003." These types of plans are focused on creation of defensible perimeters around communities that maybe at increased wildfire risk and reduction of hazardous natural fuel loads. Another example provided in the regulation is local government development of a General Pfan "Safety Element" and uFire Safe Regulations" to be certifred by the Board pursuant to the requirements of Public Resources Code Section 4290. The focus of these efforts is on adoption of local ordinances and policies that promote fire safe conditions and support the State's defensible space expectations. The Board has consistently worked with local governments an these types of projects. IV. DISCLOSURES AND DETERMINATIONS REGARDING THE REGULATIONS Estimate of costs or savings to any state agency: The combined annual administrative costs of the fee collection program incurred by the Board and Department of Forestry ~ Fire Protection are estimated to be a maximum of 7.5 million dollars. The annual administrative casts of the fee collection program incurred by the State Board of Equalization are estimated to be a maximum of 6.5 million dof[ars. 6 If the proposed regulation is not approved for emergency implementation, collection of the fee based upon statutory requirements alone could prove challenging and may add to current estimates of agency administrative costs. In the event the regulation is not approved for emergency implementation, the Department of Forestry & Fire Protection may be compelled to reduce its fre protection forces significantly due to the attendant State General Fund budget reduction. Reductions in fire protection forces could reasonably be expected to result in an increase in the number of smaller fres that escape suppression efforts to become larger fires. Increased potential for loss of fife, and damage to property and natural resources could also be reasonably expected to occur as a result of reductions in fire protection forces. Cost to any local agency or school district that is required to be reimbursed under Part 7 (commencing with Section '17540 of Division 4}: None. Other nondiscretionary cost or savings imposed on local agencies: None. Cos# or savings in federal funding to the state: None. Cost impact on private persons or those directly affected by the #ee coilec#ion: There will be an impact of up to one hundred-fifty dollars ($150.00} per habitable structure upon individual owners of every eligible structure. Property owners with multiple structures could face multiple billings of one hundred-fifty dollars {$150.00). The total fees collected will be dependent upon the tatak number of eligible structures. In the event the regulation is not approved for emergency implementation, the Department of Forestry & Fire Protection may be compelled to reduce its fire protection #orces significantly due to the attendant State General Fund budget reduction. Reductions in fire protection forces could reasonably be expected tv result in an increase in the number of smaller fires that escape suppression efforts to become larger fires. Increased potential far lass of life, and damage to property and natural resources could also be reasonably expected to occur as a result of reductions in fire protection forces. This could result in increased costs to private persons in the form of property damage and loss. Significant adverse economic impacts on business including the ability of California business to compete with business in other states: The bulk of structures in SRA are non-commercial. However, the fee will apply to a wide variety of businesses that occupy structures that are eligible for the SRA fee. In a few cases, where owners of commercial enterprises own many structures, the annual impact of SRA fees could be a significant additional cost. The relative significance would depend on the frnancial circumstances of the owner. However, in comparison to many o#her Western states, the addition of SRA fees would more closely approximate arrangements in those states where landowners contribute to fire protection budgets via fees or other methods. There should be na difference in the ability of businesses in SRA to compete with other states. Significant effect on housing: None. Alternatives considered: The definition of habitable structure is the primary area in which alternatives could meaningfully change the design of implementation. The Board considered alternative definitions of structure, including a mare narrow defnition 7 excluding commercial properties and a broader one including garages and barns. The Board also considered a more intricate fee structure to scale the fee rate. Based on the advice of Department officials, the Board chose to use a more simplified version as the most practical and economical method of administering the program. The Board concluded that no alternative would be more effective in carrying out the purpose for which this action is proposed or would be less burdensome to affected private persons than the proposed action. Local Mandate Determination: Assessment Statement: In accordance with Government Code Section 11346.3, the following are required responses, since state agencies proposing to adopt or amend any administrative regulations must assess whether and to what extent it will affect the following: (a} The creation or elimination of jobs within the State of California: Failure to implement the emergency regulation could lead the Department to reduce fire protection forces in SRA. If focal service districts that provide fire protection cannot obtain voter approval for increased property tax assessments, local fire protection employment opportunities and emergency services could also be affected. (b}The creation of new business or the elimination of existing businesses within the State of California: None. (c) The expansion of businesses currently doing business within the State of California: None. Effect on Small Business: Pursuant to 1 CCR section 4, the Board of Forestry & Fire Protection has determined that this proposed regulation affects small business: Accordingly: (A) A concise plain English policy statement overview regarding the proposed regulation that explains its broad objectives is included as part of this notice; (B) The express terms of the proposed action written in plain English are included as part of this notice. 8 1 2 3 9~ 5' 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 TITLE 14 - DEPARTMENT OF FORESTRY AND FIRE PROTECTION CHAPTER 13 - STATE RESPONSIBILITY AREA FEES [Emergency Regulation] Adopt all new sections to 14 CCR CHAPTER 13 § 1665 as Follows: § 1665.1 Autharit 'T'his chapter sets out procedures for implementation and collection of "State Res onsibilit Area Fire Prevention Benefit Fees" {hereafter referred to as "Benefit Fee"), as re uired b Chapter 8, Statutes 2011. Note: Authority cited: Sections 4210-4228, Public Resources Code. Reference: Sections 4102, 4111, 4114, 4125, 9138 (a}-(h), and 4140 {a) of the Public Resources Code. § 1665.2 Definitions "Dwellin [3nit", for ur oses of this im lementation of Sections 4210-4226 of the Public Resources Code, is a unit providing independent living facilities for one or more persons, including provisions for living, sleeping, eating, cooking,_and sanitation. Mobile and manufactured homes and condominiums are considered as dwelling units. "Habitable Structure", for ur oses of im lementation of Sections 4210-4228 of the Public Resources Coda, means a buildin that contains one or more dwelling units or that can be occupied ~-1- 1 2 3 4 5 6 7 8 9 10 11 12 13 I 14 ~ 15 16 17 18 19 2D 21 22 23 24 25 for residential use. Buildings occupied for residential use include single family homes, multi-dwelling structures, mobile and manufactured homes, and condominiums. "Manufactured home" has the same meaning as Health and Safety Code Section 18007 (a). "Mobile home" has the same meaning as Health and Safety Code ISection 18008 {a7. "Property Owner", means that individual, company, corporation, or other entity that holds title to said habitable structure. "State Responsibility Area" means those areas defined in ISection 4102 and delineated pursuant to Sections 4125-4128 of the Public Resources Code. These lands are shown on digital maps maintained by the• California Department pf~Farestry and Fire.. Protection at its Sacramento Headquarters and may be viewed there or in low resolution at the California Department of Forestry and Fire Protection website: http://www.bof.fire.ca.c~ov/sra viewer/. "Benefit Fee" means the fire prevention benefit fee imposed suant to Sections 4210-4228 of the Public Resources Code. "Fire Prevention Fund" means the fund established for de osit of all annual Benefit Fees collected and from which expenditures are authorized pursuant to the annual Budget Act that can be made, including grants may be awarded pursuant to 14 CCR § 1665.8. Nate: Authority cited: Sections 4210-4228, Public Resources Code. Reference: Sections 4111 of the Public Resources Code. r L -2- 1 2 3 9 5 5 7 8' 9 10 11 12 13 19 15 16 17 16 19 20 27. 22 23 29 25 § 3.665.3. Determination of Eli ible I~abitable Structure Determinations of eli ible habitable structures and the associated fees within State Responsibilit Areas shall be cam feted statewide b the De artment or far the De artment b its "Desi Hated Fee Administrator" ursuant to Public Resources Cade Section 4210 and 14 CCR §§ 3.665.1-1665.$. Note: Authority cited: Section 4210-4228, Public Resources Code. Reference: Sections 9111 of the Public Resources Code. § 1665.4. Im osition of the Benefit Fee The Benefit Fee will be im osed on all ro ert owners with one or more habitable structures within State Res onsibiiit Areas as defined a:n Publlic Resources. Code: =Section 43.02 -ands ursuant to Public Resources Code: Sections 4125-4128. Note: Authority cited: Section 4210-4228, Public Resources Gode. Reference: Sections 4111 of the Public Resources Code. § 1665.5. Request for Reviear and Refunds (a) A ro ert owner from whom the Benefit Fee is determined to be due under Public Resources Code Section 4213 et se ma etition the De artment for a redetermination re ardin the fee and amount determined within 30 da s after service upon him or her of a notice of the determination. (].) The De artment ma dele ate the recei t and review of etitions to a Desi Hated Fee Administrator of its choice. The -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Designated Fee Administrator must be qualified by experience in preparing and administering one the following for a fire district: benefit assessments, benefit fees, or special taxes. (2} The petition may be filled out and submitted by a property owner subject to the Benefit Fee or by the Department or Desianated Fee Administrator in consultation and on behalf of the property owner. (3) The petition shall include information that states the specific basis or grounds coon which the petition is founded and includes supporting documentation. The petition must be based on whether the fee as specified in PRC 4213 et seq. applies to the specific property for which the petition was filed. Examples of specific issues-that may be considered by the Department or - Designated Fee Administrator include, but are not limited to, the location of the structure in SRA, determination of the number of icable habitable structures or the number of dwelling units in Ila multi-dwelling unit structure, and the related fee amount calculated. (4) Petitions received by the Department or Designated Fee Administrator mare than 30 days from the date of service of the' original notice of determination sha11 not be considered. If a petition wi11 not be considered, the Department or Designated Fee Administrator shall notify the petitioner. (5) After receipt of a petition, the Department or the Desianated Fee Administrator may request additional information -4- 1 2 3 9 5 6 7 9 10 11 12 13 19 15 16 17 18 19 20 21 22 23 29 25 from the ro ert owner if, in their o inion, the etition does not give adequate information to permit full review of the fee and the petition. 6l The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the De artment or the Desi Hated Fee Administrator issues its order or decision with regard to the petition for redetermination. The De artment or the Desi Hated Fee Administrator will not accept additional information for a petition after it has made a decision on the petition. (7) The petition shall be sent by the petitioner to the address indicated on the form by Department; this may be the address of the Department's Designated Fee• Administrator. (8) The De artment or its Desi Hated Fee Administrator shall complete its review of the petition for redetermination . within 60 days. (9} Based on its review of the petition for redetermination, the Department or its Designated Fee Administrator may decide if the fee is valid and due in the .amount of the original fee, may modify the fee, or may eliminate the fee based on a determination that it should-not apply to the property owner who filed the petition. {10) The decision of the Department or its Designated Fee Administrator shall be in writing and shall indicate the reasons for the decision on the petition. 1 -~- 1 2 3 4 5 6 7 8 9 to 1a 12 13 19 15 16 17 18 19 20 21 22 23 24 25 (11} If the decision modifies or eliminates the fee, the De artment or its Desi Hated Fee Administrator shall make a ro riate modifications to the next and subse uent lists of property owners and fee amounts submitted to the State Board of E ualization. (12} The decision on the petition for redetermination the Department or its Designated Fee Administrator shall be served on the petitioner within 15 days of the date a decision is made. Service shall be as described in Section 4226 of the Public Resources Code. On the same date, the Department or its Des~nated Fee Administrator shall notify the Board of Forestry and Fire Protection and the State Board of Equalization. The Department will maintain copi~es~ of~decisions: on all petitions for redetermination petitions for use of the Board of Forestry_and Fire Protection and State Board of Equalization. (13) The order or decision of the Department or its Designated Fee Administrator upon a petition for redetermination of the Benefit Fee shall become final 30 da s after service u on the petitioner of notice of the determination. {1~k) if the Department or it's Designated Fee Administrator determines that a property owner is entitled to a refund of all or art of the Benefit Fee aid ursuant to this cha ter, the ro ert owner, or the De artment or Desi Hated Fee Administrator on behalf of the ro ert owner, shall make a claim to the State Board of Equalization pursuant to Chapter 5 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 19 15 16 17 1$ 19 20 21 22 23 24 25 (commencing with Section _55221) of Part 30 of Division 2 of the Revenue and Taxation Code. § X665.6. Fee Structure (a) The Board has been directed b the le islature to im ose a tee that will. rovide fundin necessar for fire revention activities. (b) The aenefit Fee shall be one hundred-fitt dollars ($150.00) per habitable structure. (a) Fees shall be de osited in the Fire Prevention Fund. (d) On Jul 1, 2413 and at its June meetin riot to each subse went Jul 1, the Board shall ad'ust the rate to reflect the ercenta e of than e in the avera e annual value of -the Im licit 1~rice Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States De artment of Commerce: for the 12--month eriad in the third uarter of the riot calendar ear, as re orted b the De artment of Finance. § 1665.7. Fee ex ti.ons Property owners of habitable structures within State ;Responsibility Area and also within the boundaries of a local a enc that rovides fire rotection services ma receive a reduction of thirty-five dollars ($35.00) er habitable structure. ~: ~- -7- 1 2 3 4 5 b 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 25 ~ 1665.$. Grant Pro ram (a) The Board shall administer a rantin ro ram funded from the Benefit Fees collected. Grants shall be awarded to organizations within counties in,_ p p ,, efit direct ro anion to the ben ee aid by individual ro ert,y p ~ ~ p p owners in that county. (b) Grants awarded from the Fire Prevention Fund shall be awarded to local agencies, Fire Protection Districts, Fire Safe Councils, the California Conservation Corps, and other organizations accepted by the Board to support the follawin priorities listed in descending order. (1) Develo ment or u datin of a Communit Wildfire Protection Plan {CWPP}, 1oca1 hazard miti anon lan, or community--based wildfire hazard or risk analysis. (2) Development of General Plan elements, includingthe Sa ety Element and "Fire,,,,,, ns to be cer„_ _ Safe Requlati,o tified b_y the Board ursuant to Public Resources Code ~ 4290. (3) Community fuel reduction projects in State Responsibility Areas. (~) Other community fire safety and fire prevention projects, including fire prevention education,' designed to reduce the risk of wildfire in State Res onsibilit areas. Note: Authority cited: Section 4139, Public Resources Code, Reference: Sections 4102, 4111, 4114, 4138 (a}-{h}, 4140 {a} of the Public Resources Code, Section 53087.4 of the Government Code, and Section 5097 of the Revenue and Taxation Code. i L -6-