THE CALIFORNIA “FIRE PREVENTION FEE”
Update as of December 29, 2011
prepared by the Mendocino County Fire Safe Council
You may have heard about the new state “fire fee” that was first big news last July and August. This is an explanation and an update on its status.
California Assembly Bill ABX1 29 proposed a new “fire prevention fee” of up to $150 per year on owners of homes in many rural areas. Both the State Senate and the Assembly passed this bill in June, and the governor signed it into law on July 7th. The law changes sections of the California Public Resources Code.
Although it was widely reported that the fee was intended to support Cal Fire’s budget for fighting fires, the law actually supports only organizations and programs which focus on preventing fires or reducing their impact on homes.
The fee is to be charged on homes located in what is called State Responsibility Area (SRA), which means the rural places where Cal Fire, as the State firefighting agency, has legal responsibility for fighting wildfires. About 95% of the land in Mendocino County is SRA land. The exceptionsare the flatlands of Ukiah Valley, Redwood Valley and Calpella, Sanel Valley (Hopland), Potter Valley, Round Valley (Covelo), Little Lake Valley (Willits), and the cities of Fort Bragg and Point Arena.
The law required the California Board of Forestry, a group of appointed experts, to create regulations for how this law would be implemented. After receiving a huge amount of input, including from the Mendocino County Fire Chiefs Association – who strongly opposed the fee, for good reasons, we believe – the Board of Forestry issued “emergency” (temporary) regulations in August. Those regulations were changed in November. Yet another change will be considered in January.
The proposed January changes set the fee at $150 per home – and allow that homeowners paying taxes to a local fire district will receive a reduction of $35, and thus pay $115. The proposed regulations may be seen at http://www.bof.fire.ca.gov/regulations/proposed_rule_packages/sra_fire_prevention_benefit_fee_2011/sra_emergencyregs_v3_12-29-11.pdf
An explanation about fire districts. Generally speaking (there are variations), fire districts are legal entities with formal geographical boundaries that have the authority to tax property owners to help pay for firefighting and other services such as assisting at traffic accidents and medical emergencies. In Mendocino County only about half of the land is within a fire district. In the rest, fire districts provide services without being paid by any persons or government agency. (This is a separate but very serious issue.)
How do you know if you live in a fire district? The amount should be itemized on your property tax bill.
Various groups plan to file lawsuits to prohibit the new regulations from taking effect, arguing that this is a tax, not a fee, and that the State Legislature therefore is required to have a 2/3 majority vote to pass the law.
Check this website for further updates on this subject!
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