reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 10 - Commission on Catastrophic Wildfire Cost and Recovery › Section 4205.

4205. (a) (1) There is hereby created within the Office of Planning and Research the Commission on Catastrophic Wildfire Cost and Recovery, to examine issues related to catastrophic wildfires associated with utility infrastructure. The commission shall consist of five members. Three members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly.
(2) The chair of the commission shall be selected by the members of the commission.
(3) Members appointed to the commission shall have demonstrated academic, business, or governmental expertise in laws, policies, and programs applicable to insurance or public and private utilities, and to processes for the allocation of costs and the reduction of damages associated with wildfires in the state.
(b) The commission shall hold at least four public meetings throughout the state for purposes of accepting public and expert testimony on, and for evaluating and making recommendations on, the following matters:
(1) Options for the Legislature and the Governor to consider for enactment that would socialize the costs associated with catastrophic wildfires in an equitable manner.
(2) Options for the Legislature and Governor to consider for enactment that would establish a fund to assist in the payment of costs associated with catastrophic wildfires.
(c) (1) On or before July 1, 2019, the commission, in consultation with the Public Utilities Commission and the Insurance Commissioner, shall prepare a report to the Legislature, in compliance with Section 9795 of the Government Code, and to the Governor containing its assessment of the issues surrounding catastrophic wildfire costs and damages, and making recommendations for changes to law that would ensure equitable distribution of costs among affected parties.
(2) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on July 1, 2023.
(Added by Stats. 2018, Ch. 626, Sec. 7. (SB 901) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 11 - Regional Forest and Fire Capacity Program › Section 4208.

4208. For purposes of this article, the following definitions apply:
(a) “Department” means the Department of Conservation.
(b) “Eligible coordinating organization” means a local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of providing technical assistance and demonstrated capacity to coordinate regional partners across the state.
(c) “Program” means the Regional Forest and Fire Capacity Program.
(d) “Regional entity” means a state conservancy, local government, tribal government, resource conservation district, joint powers authority, or nongovernmental organization with a history of implementing related projects, demonstrated capacity to work across regional partners, and ability to serve as fiscal administrators for the program.
(e) “Statewide implementation” means identifying and supporting regional entities in every part of the state that contains or is adjacent to a very high or high fire hazard severity zone identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201).
(Added by Stats. 2021, Ch. 225, Sec. 16. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.

4209. There is within the Office of the State Fire Marshal a Deputy Director of Community Wildfire Preparedness and Mitigation who shall be responsible for fire preparedness and mitigation missions of the Department of Forestry and Fire Protection, as provided in Section 4209.1.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.1.

4209.1. The Deputy Director of Community Wildfire Preparedness and Mitigation shall be responsible for all of the following programs and activities:
(a) The Fire Prevention Grants Program (Article 2.5 (commencing with Section 4124)).
(b) Defensible space requirements pursuant to Sections 4291 and 4291.1.
(c) The California wildfire mitigation financial assistance program described in Article 16.5 (commencing with Section 8654.2) of Chapter 7 of Division 1 of Title 2 of the Government Code.
(d) The establishment of fire hazard severity zones pursuant to Article 9 (commencing with Section 4201) of this code and very high fire hazard severity zones pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code.
(e) The requirements of Section 4290.5.
(f) Consultation with the Office of Energy Infrastructure Safety regarding wildfire mitigation plans, pursuant to Sections 8386, 8386.3, and 8386.5 of the Public Utilities Code.
(g) General plan safety element review pursuant to Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(h) Wildland building code standards pursuant to Section 13108.5 of the Health and Safety Code.
(i) Implementation of the minimum fire safety standards adopted pursuant to Section 4290.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.2.

4209.2. The Deputy Director of Community Wildfire Preparedness and Mitigation and any subordinate employee shall be primarily assigned to the responsibilities established by this article and shall be the lowest priority employees of the Department of Forestry and Fire Protection for purposes of fire incident support duties.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.3.

4209.3. (a) The State Fire Marshal shall, on or before January 1, 2023, provide the Legislature with a report identifying known personnel and resource shortfalls in implementing programs and activities overseen by the Deputy Director of Community Wildfire Preparedness and Mitigation pursuant to this article.
(b) A report submitted to the Legislature pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(c) Pursuant to Section 10231.5 of the Government Code, this section shall be repealed on January 1, 2027.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.4.

4209.4. (a) The Office of the State Fire Marshal shall establish the State Fire Marshal’s Wildfire Mitigation Advisory Committee to provide a public forum to solicit and consider public input on programs and activities pursuant to this article and to advise the Deputy Director of Community Wildfire Preparedness and Mitigation in developing and implementing programs and activities pursuant to this article.
(b) The committee shall do all of the following:
(1) Provide a consistent and regular means of communication on topics related to community wildfire preparedness and fire mitigation between the department, the Office of the State Fire Marshal, representatives of relevant industries, state agencies, fire service agencies, and other stakeholders.
(2) Provide a forum for addressing wildfire preparedness and mitigation issues of statewide concern.
(3) Share latest available research and best practices with regard to community fire preparedness and mitigation efforts.
(4) Seek and provide comments and specific input on proposed programs, policies, guidelines, budget, and technical issues, and inform local agencies and the public of applicable new laws and regulations.
(5) Provide and receive updates and feedback regarding the programs operated by the Office of the State Fire Marshal pursuant to this article.
(c) Members of the committee shall be all of the following:
(1) The director of the department, or their designee.
(2) The director of the Department of Conservation, or their designee.
(3) The Director of the Office of Energy Infrastructure Safety, or their designee.
(4) The chair of the State Board of Forestry and Fire Protection, or their designee.
(5) The State Fire Marshal, or their designee.
(6) The Director of Emergency Services, or their designee.
(7) The Insurance Commissioner, or their designee.
(8) The Director of State Planning and Research, or their designee.
(9) A representative from the California Fire Safe Council.
(10) A representative from the insurance industry or an insurance research organization.
(11) A local fire service representative.
(12) A representative from the building industry.
(13) A representative from the University of California Cooperative Extension.
(14) A representative from the California Fire Science Consortium.
(15) Any other appropriate stakeholders, including representatives from local governmental agencies, as decided by the State Fire Marshal.
(d) The committee shall meet monthly.
(e) The members of the committee shall serve without compensation, but each member shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties.
(f) The chairperson of the committee shall be the State Fire Marshal.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1 - Prevention and Control of Forest Fires › ARTICLE 12 - Community Wildfire Preparedness and Mitigation › Section 4209.5.

4209.5. (a) The Office of the State Fire Marshal shall establish the Community Wildfire Mitigation Assistance Program to coordinate regional and local efforts with state policies, strategies, and programs for community wildfire mitigation in order to improve wildfire preparedness and prevention, with an emphasis on the most vulnerable communities.
(b) The program shall do all of the following:
(1) Provide technical assistance to local jurisdictions with community wildfire preparedness and prevention services and identify funding opportunities and best practices, including, but not necessarily limited to, defensible space, structure hardening, fuel reduction around communities, wildland building code standards, and land use planning.
(2) Identify both of the following:
(A) Programs administered by state, regional, and local agencies to address and minimize the risks of wildfire and coordinate the implementation of those programs.
(B) Public and private programs that may be leveraged to facilitate defensible space, home hardening, and community fuel reduction to minimize the impacts of wildfire to habitable structures.
(3) Conduct outreach efforts to regional and local wildfire mitigation groups, including assessing compliance, educating and informing regional and local agencies, stakeholders, and the public of applicable new laws and regulations.
(4) Provide technical consultation with the development of city and county safety elements.
(5) Develop guidance and decision-support tools useful for data visualization, planning, and analysis.
(6) Establish a statewide clearinghouse for use by state, regional, and local entities to provide a centralized source of data, information, research articles, studies, white papers, reports, best practices, model ordinances, demonstration projects, tools, and other resources related to community wildfire preparedness, mitigation, and risk reduction.
(Added by Stats. 2021, Ch. 225, Sec. 17. (AB 9) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4210.

4210. The Legislature finds and declares all of the following:
(a) Fire protection of the public trust resources on lands in the state responsibility areas remains a vital interest to California. Lands that are covered in whole or in part by a diverse plant community prevent excessive erosion, retard runoff, reduce sedimentation, and accelerate water percolation to assist in the maintenance of critical sources of water for environmental, irrigation, domestic, or industrial uses.
(b) The presence of structures within state responsibility areas 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 state responsibility areas can also impair wild land firefighting techniques and could result in greater damage to state lands caused by wildfires.
(c) The costs of fire prevention activities aimed at reducing the effects of structures in state responsibility areas should be borne by the owners of these structures.
(d) Individual owners of structures within state responsibility areas receive a disproportionately larger benefit from fire prevention activities than that realized by the state’s citizens generally.
(e) It is the intent of the Legislature that the economic burden of fire prevention activities that are associated with structures in state responsibility areas shall be equitably distributed among the citizens of the state who generally benefit from those activities and those owners of structures in the state responsibility areas who receive a specific benefit other than that general benefit.
(f) It is necessary to impose a fire prevention fee to pay for fire prevention activities in the state responsibility areas that specifically benefit owners of structures in the state responsibility areas.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4211.

4211. For the purposes of this chapter, the following terms shall have the following meanings:
(a) “Habitable Structure” means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single family homes, multidwelling structures, mobile and manufactured homes, and condominiums. Habitable structures do not include commercial, industrial, or incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds.
(b) “State responsibility area” means state responsibility area as defined in Section 4102.
(c) “Person” means an individual, trust, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also includes any city, county, city and county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law.
(d) “Owner of a habitable structure” means the person that is the owner of record of a habitable structure in the county tax assessor rolls or as recorded in the records of the Department of Housing and Community Development on July 1 of the state fiscal year for which the fee is due.
(Amended by Stats. 2014, Ch. 895, Sec. 1. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4212.

4212. (a) (1) By September 1, 2011, the board shall adopt emergency regulations to establish a fire prevention fee for the purposes of this chapter in an amount not to exceed one hundred fifty dollars ($150) to be charged on each habitable structure on a parcel that is within a state responsibility area.
(2) The Legislature finds and declares that a fire prevention fee of not more than one hundred fifty dollars ($150) is a reasonable amount for the necessary fire prevention activities of the state that benefit the owner of a habitable structure within a state responsibility area.
(b) On July 1, 2013, and annually thereafter, the board may adjust the fire prevention fees imposed pursuant to this chapter to reflect the percentage of change in the average annual value of the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as calculated by the United States Department of Commerce for the 12-month period in the third quarter of the prior calendar year, as reported by the Department of Finance.
(c) Emergency regulations adopted pursuant to subdivision (a) shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government 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.
(Amended by Stats. 2014, Ch. 895, Sec. 2. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4213.

4213. (a) (1) Commencing with the 2011–12 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be collected annually by the State Board of Equalization in accordance with the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).
(2) Notwithstanding the appeal provisions in the Fee Collection Procedures Law, a determination by the department that a person is required to pay a fire prevention fee, or a determination by the department regarding the amount of that fee, is subject to review under Article 2 (commencing with Section 4220) and is not subject to a petition for redetermination by the State Board of Equalization.
(3) (A) Notwithstanding the refund provisions in the Fee Collection Procedures Law, the State Board of Equalization shall not accept any claim for refund that is based on the assertion that a determination by the department improperly or erroneously calculated the amount of the fire prevention fee, or incorrectly determined that the person is subject to that fee, unless that determination has been set aside by the department or a court reviewing the determination of the department.
(B) If it is determined by the department or a reviewing court that a person is entitled to a refund of all or part of the fire prevention fee, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.
(b) The annual fire prevention fee shall be due and payable 30 days from the date of assessment by the State Board of Equalization.
(c)  On or before each January 1, the department shall annually transmit to the State Board of Equalization the appropriate name and address of each person who is liable for the fire prevention fee and the amount of the fee to be assessed, as authorized by this article, and at the same time the department shall provide to the State Board of Equalization a contact telephone number for the board to be printed on the bill to respond to questions about the fee.
(d) Commencing with the 2012–13 fiscal year, if in any given fiscal year there are sufficient amounts of money in the State Responsibility Area Fire Prevention Fund created pursuant to Section 4214 to finance the costs of the programs under subdivision (d) of Section 4214 for that fiscal year, the fee may not be collected that fiscal year.
(Amended by Stats. 2014, Ch. 895, Sec. 3. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4213.05.

4213.05. (a) Commencing with the 2017–18 fiscal year, the fire prevention fee imposed pursuant to Section 4212 shall be suspended, effective July 1, 2017. Any moneys held in reserve in the State Responsibility Area Fire Prevention Fund shall be appropriated by the Legislature in a manner consistent with subdivision (d) of Section 4214.
(b) It is the intent of the Legislature that moneys derived from the auction or sale of allowances pursuant to a market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code shall be used to replace the moneys that would have otherwise been collected under Section 4212 to continue fire prevention activities.
(c) The amount appropriated in the annual Budget Act pursuant to subdivision (b) shall not be included in determining the amount of annual proceeds of the fund for purposes of the calculations in Section 39719 of the Health and Safety Code.
(d) This section shall become inoperative on January 1, 2031.
(Amended by Stats. 2018, Ch. 626, Sec. 8. (SB 901) Effective January 1, 2019. Inoperative January 1, 2031, by its own provisions. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4213.1.

4213.1. (a) (1) The fire prevention fee imposed pursuant to Section 4212 shall be levied upon the owner of a habitable structure identified by the department as located within the state responsibility area, if that person owns the habitable structure on July 1 of the year for which the fee is due.
(2) The department shall notify an owner, upon whom a fire prevention fee is imposed pursuant to Section 4212, through the fee billing process that if the owner sells the habitable structure or structures, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due.
(b) The board may exempt from the fire prevention fee any habitable structure that is subsequently deemed uninhabitable as a result of a natural disaster during the year for which the fee is due, as well as one subsequent year if the habitable structure has not been repaired or rebuilt. The board shall consider granting an exemption only if both of the following conditions are met:
(1) The owner of the habitable structure certifies that the structure is not habitable as a result of a natural disaster.
(2) The owner of the habitable structure either documents that the habitable structure passed a defensible space inspection conducted by the department or by one of its agents within one year of the date the structure was damaged or destroyed or certifies that clearance as required under Section 4291 was in place at the time that the structure was damaged or destroyed as a result of a natural disaster.
(c) The board shall prepare forms for purposes of the certification requirements in subdivision (b).
(Amended by Stats. 2015, Ch. 104, Sec. 1. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 1 - General Provisions › Section 4213.2.

4213.2. If an owner of a property with one or more habitable structures subject to the fire prevention fee imposed pursuant to Section 4212 sells the property, the apportionment of the fire prevention fee may be negotiated as one of the terms of the sale. However, payment of the total fire prevention fee liability remains the responsibility of the person who owns the habitable structure on July 1 of the year for which the fee is due.
(Added by Stats. 2015, Ch. 104, Sec. 2. (AB 301) Effective January 1, 2016. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4220.

4220. A person from whom the fire prevention fee is determined to be due under this chapter may petition for a redetermination of whether this chapter applies to that person within 30 days after service upon him or her of a notice of the determination. If a petition for redetermination is not filed within the 30-day period, the amount determined to be due becomes final at the expiration of the 30-day period.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4220.1.

4220.1. If a petition for redetermination is filed after the expiration of the time period specified in Section 4220, the untimely petition may be treated as an administrative protest or claim for refund if the department determines that the facts presented indicate that the fire prevention fee originally determined may have been excessive or that the amount or the application of the fee may have been the result of an error by the department, its agent, or the State Board of Equalization. Petitions filed pursuant to this section shall generally be reviewed in the same manner as a timely petition for redetermination.
(Added by Stats. 2014, Ch. 895, Sec. 6. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4221.

4221. A petition for redetermination of the application of this chapter shall be in writing and be sent to the department or its designee. The petition shall state the specific grounds upon which the petition is founded and include supporting documentation. The petition may be amended to state additional grounds or provide additional documentation at any time prior to the date that the department issues its order or decision with regard to the petition for redetermination.
(Amended by Stats. 2014, Ch. 895, Sec. 7. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4222.

4222. If a petition for redetermination of the application of this chapter is filed within the 30-day period, the department shall reconsider whether the fee is due and make a determination in writing. The department may eliminate the fee based on a determination that this chapter does not apply to the person who filed the petition.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4222.5.

4222.5. If a timely petition for redetermination has been filed pursuant to Section 4220, all legal action to collect the fire prevention fee shall be stayed pending the final determination of the department pursuant to Section 4224.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4223.

4223. Notice of the determination of the department pursuant to Section 4222 shall be served, on the same date, to the board, the State Board of Equalization, and the person who filed the petition.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4224.

4224. The order or decision of the department upon a petition for redetermination of the fire prevention fee shall become final 30 days after service upon the petitioner of notice of the determination.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4225.

4225. (a) (1) The fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is not paid when due and payable, notwithstanding the penalty imposed pursuant to Section 55042 of the Revenue and Taxation Code, a penalty of 20 percent of the fee determined to be due shall be added to the amount due and payable for each 30-day period in which the fee remains unpaid.
(2) On and after January 1, 2015, the penalty imposed pursuant to paragraph (1) shall not be imposed or added to any fee that remains unpaid or any fee that is not paid when due and payable.
(b) On and after January 1, 2015, the fire prevention fee determined to be due by the department pursuant to this article is due and payable at the time it becomes final, and if it is not paid when due and payable, the penalty imposed pursuant to Section 55086 of the Revenue and Taxation Code shall be applied.
(Amended by Stats. 2014, Ch. 895, Sec. 8. (AB 2048) Effective January 1, 2015. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4226.

4226. Written notice required by this article shall be served as follows:
(a) The notice shall be placed in a sealed envelope, with postage paid, addressed to the petitioner at his or her address as it appears in the records of the department. The giving of notice shall be deemed complete at the time of the deposit of the notice in a United States Post Office, or a mailbox, subpost office, substation, mail chute, or other facility regularly maintained or provided by the United States Postal Service without extension of time for any reason.
(b) In lieu of mailing, a notice may be served personally by delivering it to the person to be served and service shall be deemed complete at the time of delivery. Personal service to a corporation may be made by delivery of a notice to any person designated in the Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4227.

4227. A dispute regarding the fire prevention fee imposed by this chapter shall be resolved pursuant to this article only.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 2 - Appeals Process › Section 4228.

4228. If the department determines that a person is entitled to a refund of all or part of the fire prevention fee paid pursuant to this chapter, the person shall make a claim to the State Board of Equalization pursuant to Chapter 5 (commencing with Section 55221) of Part 30 of Division 2 of the Revenue and Taxation Code.
(Added by Stats. 2011, 1st Ex. Sess., Ch. 8, Sec. 1. (AB 29 1x) Effective July 8, 2011. Repealed as of January 1, 2031, pursuant to Section 4229.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 1.5 - State Responsibility Area Fire Prevention Fees › ARTICLE 3 - Repeal › Section 4229.

4229. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed, unless a later enacted statute that is enacted on or before January 1, 2031, deletes or extends that date.
(Added by Stats. 2017, Ch. 135, Sec. 15. (AB 398) Effective July 25, 2017. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 1.5, commencing with Section 4210.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4251.

4251. As used in this chapter:
“Hazardous fire area” means any area which is designated as a hazardous fire area by the board or the director pursuant to Section 4252 or 4253.
(Amended by Stats. 1976, Ch. 1300.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4252.

4252. Upon the written petition of the owners or authorized agents of more than 50 percent of the land, including public land, within the exterior boundaries of any area of not less than 10,000 acres in size, upon which a fire hazard exists due to the presence of flammable material or cover, the board may designate such area as a hazardous fire area, and shall declare the period of time during which the area shall be so designated.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4253.

4253. When the director determines that a fire hazard exists in any other area due to the presence of flammable material or cover, the director may by regulation designate the area to be a hazardous fire area. The regulation shall declare the period of time during which the area shall be designated.
(Amended by Stats. 2021, Ch. 133, Sec. 65. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4254.

4254. Notice of the designation of each hazardous fire area designated pursuant to Section 4252 shall be given by the posting of notices at intervals of not greater than one mile along the exterior boundaries of the area or along roads and trails passing through the area.
(Amended by Stats. 1981, Ch. 1073, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4255.

4255. (a) Except as provided in this section, a person shall not smoke or build a campfire or other open fire within a hazardous fire area.
(b) The board may designate by regulation campgrounds or campsites within hazardous fire areas where smoking and the building of campfires are allowed. However, no campground or campsite shall be designated without the consent of the owner, or the owner’s authorized agent, of the land upon which it is located.
(Amended by Stats. 2021, Ch. 133, Sec. 66. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4256.

4256. When it is necessary in the interest of public peace or safety, the director, with the consent of the owner of any lands designated as a hazardous fire area, may declare those lands closed to entry by any person. Any public highway traversing the hazardous fire area, shall, however, be excluded from the order of closure, and the closure to entry does not prohibit or curtail the entry or use of the lands by the owner of the lands or the owner’s agent, nor the entry by a federal, state or county officer upon the closed area in the performance of their official duties. All state and county law enforcement officers shall enforce the order of closure.
(Amended by Stats. 2021, Ch. 133, Sec. 67. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4257.

4257. Any order which is issued pursuant to Section 4256 shall be published twice in at least one newspaper of general circulation in any county that is affected by the order. The publication shall be separated by a period of not less than one week and not more than two weeks. The order shall also be posted in such public places in each county as the director may direct, and along roads and trails which pass through the areas declared to be closed to camping or entry.
(Added by Stats. 1965, Ch. 1144.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4258.

4258. Whenever the director determines that a fire hazard exists in any area within a state responsibility area due to the presence of flammable material or cover, the director, by regulation, may designate that area as a hazardous fire area for the purpose of prohibiting the use or possession of fireworks therein. The hazardous fire area shall include only those areas that are critical and hazardous due to the threat of wildfire to life, property, and natural resources posed by the fireworks. The hazardous fire area shall not include areas that are the responsibility of a county which is contracting for fire protection to the director.
The regulation may designate areas where specified types of fireworks, not otherwise prohibited, are allowed for industrial, commercial, or agricultural use, for ceremonies, or for emergency signaling.
(Added by Stats. 1981, Ch. 1073, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4259.

4259. (a) The use or possession of fireworks is prohibited within any hazardous fire area designated pursuant to Section 4252 or 4258. However, the use of fireworks within any hazardous fire area may be allowed, if the use is determined by the director not to present a fire hazard.
(b) Notwithstanding subdivision (a), fireworks may be possessed in a vehicle on any public highway traversing a hazardous fire area when not otherwise prohibited.
(Added by Stats. 1981, Ch. 1073, Sec. 4.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4260.

4260. No regulation adopted pursuant to this article shall prohibit or curtail the complete possession and use of any area by the owner of the area or the owner’s agent, except that the use or possession of fireworks shall not be allowed in a hazardous fire area designated pursuant to Section 4258, other than as designated for their use or possession pursuant to that section.
(Added by Stats. 1981, Ch. 1073, Sec. 4.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4290.

4290. (a) The board shall adopt regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area lands under the authority of the department, and to lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code. These regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas approved after January 1, 1991, and within lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code after July 1, 2021. The board may not adopt building standards, as defined in Section 18909 of the Health and Safety Code, under the authority of this section. As an integral part of fire safety standards, the State Fire Marshal has the authority to adopt regulations for roof coverings and openings into the attic areas of buildings specified in Section 13108.5 of the Health and Safety Code. The regulations apply to the placement of mobile homes as defined by National Fire Protection Association standards. These regulations do not apply where an application for a building permit was filed prior to January 1, 1991, or to parcel or tentative maps or other developments approved prior to January 1, 1991, if the final map for the tentative map is approved within the time prescribed by the local ordinance. The regulations shall include all of the following:
(1) Road standards for fire equipment access.
(2) Standards for signs identifying streets, roads, and buildings.
(3) Minimum private water supply reserves for emergency fire use.
(4) Fuel breaks and greenbelts.
(b) The board shall, on and after July 1, 2021, periodically update regulations for fuel breaks and greenbelts near communities to provide greater fire safety for the perimeters to all residential, commercial, and industrial building construction within state responsibility areas and lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code, after July 1, 2021. These regulations shall include measures to preserve undeveloped ridgelines to reduce fire risk and improve fire protection. The board shall, by regulation, define “ridgeline” for purposes of this subdivision.
(c) These regulations do not supersede local regulations which equal or exceed minimum regulations adopted by the state.
(d) The board may enter into contracts with technical experts to meet the requirements of this section.
(Amended by Stats. 2018, Ch. 626, Sec. 9. (SB 901) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 2 - Hazardous Fire Areas › Section 4290.1.

4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.
(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):
(1) Compliance with the board’s regulations, including minimum fire safety standards.
(2) Participation in the National Fire Protection Association’s “Firewise USA” or the National Wildfire Coordinating Group’s “Fire Adapted Communities” programs.
(3) Adoption of the board’s recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.
(4) Recently developed or updated community wildfire protection plans.
(c) The board shall post the “Fire Risk Reduction Community” list on its internet website.
(Amended by Stats. 2019, Ch. 399, Sec. 3. (AB 1823) Effective January 1, 2020.)