Alert
By Afrack Vargas
CSFA Legislative Advocate
Governor's proposed fire fee is assailed by State Insurance Chief
With a projected $14.5 billion budget deficit knocking at the capitol's door this year, the Schwarzenegger administration has proposed a 1.25 percent surcharge on residential and commercial property insurance to raise over $100 million that would be used to enhance the state's firefighting capabilities.
However state Insurance Commissioner Steve Poizner opposes the proposed fee calling it "unconstitutional" for homeowners and businesses. He argues that insurance companies are protected from further taxes because of an already existent 2.35 percent tax they are required to pay due to other assessments. He also stated that the fee would also apply to every homeowner and business, regardless if they are associated with the risk. "While this may be an effective approach to mitigate cost of natural disasters, such an approach should be considered collectively with regard to all types of disasters, not just one," wrote Deputy Insurance Commissioner David Link. Poizner's opposition to the Governor's proposal arrived the same day a State panel reviewing the Southern California wildfires recommended that the state buy more fire engines and hire more firefighters. The Blue Ribbon Task Force called on Congress to provide equipment and training for the Defense Department and firefighting organizations in response to the criticism that some military planes and helicopters were left on the ground as a result of inadequate coordination. The governor's fee proposal would add 1,100 seasonal firefighters, install GPS tracking on fire engines, and buy 11 new all-weather helicopters for CalFire.
EMS LICENSE PLATE PROGRAM
You can now submit your EMS License Plate Design! The Emergency Medical Service Authority is developing a specialty license plate to honor EMS professionals in the state of California. Anyone owning a car in California will be able to get the EMS License Plate. The creation of these specialty plates will help in support and recognize healthcare professionals working in the emergency setting. Standard EMS License Plates will initially cost $50, and $40 for renewals. The funds collected from this program may be used in any of the following areas: public information and prevention, recognition program, a memorial fund, charitable programs or programs to enhance EMT applicants statewide. The EMSA must collect 7,500 pre-paid applications before the plate is produced and distributed to applicants. The process is projected to take as long as a year, which could delay applicants in receiving their plates. If EMSA cannot collect the required number of applications required, the applicants will be given a full refund.
Lawmaker Kehoe proposes amendment for taxes in a plan that would assist fire protection
Senator Christine Kehoe plans to introduce a constitutional amendment to make it easier to pass local parcel taxes for fire protection. This San Diego Democrat at the same time is exploring legislation that would permit local agencies to asses a "fire protection and prevention" fee on new development in wild land areas, modeled after existing charges to connect sewer and water services. "Local jurisdictions need a fighting chance to raise revenues they need for firefighting," Kehoe said.
Sen. Kehoe is convinced that voters, in the aftermath of the devastating Southern California firestorms of 2003 and 2007, will agree to a 55 percent requirement and fees as long as the money is dedicated specifically to fire protection. As Kehoe is still crafting final language for the potential November ballot, she feels "The public realizes more has to be done on fire prevention and suppression." Under her proposal, counties would determine the amount of a fee they would request and also specify how the money would be spent. Kehoe will face the formidable challenge of persuading Republicans, who generally argue against new taxes, to support the measure. Democrats hold majorities in both houses of Legislature, but Kehoe would need votes from at least two GOP senators and eight Republican members of the Assembly because constitutional amendments require a two-thirds vote of the Legislature. The Governor's signature, in this case is not needed.
Voters would have to approve the constitutional amendment by a 50 percent plus 1 margin. Gov. Schwarzenegger has not yet taken position on Kehoe's proposal and continues to press a fee on property insurance premiums to bring in $125 million a year for more firefighters, and to additional aerial and ground defenses. This would cost the average homeowner about $10 a year. Gov. Schwarzenegger's proposal has encountered resistance from lawmakers, who oppose new fees to residents who question why they should pay extra to protect homeowners in more isolated areas unwilling to tax themselves. The governor insists that the new helicopters, engines and firefighters will respond to all disasters, from earthquakes to floods. Lawmakers have struggled for years to provide more funding for fire protection, particularly where local jurisdictions have allowed development in wild lands despite the high risk and limited firefighting capability. Kehoe has submitted a proposal that would give permission to cities and counties to levy a fire protection service fee on new buildings which would be put to use for fire-related programs, but has not settled on specifics. Then-Gov. Davis and lawmakers in 2003 imposed a $35 per parcel annual fee on property owners in regions protected by the California Department of Forestry and Fire Protection. The Legislature later rescinded the tax without collecting a dime after public disagreement and after losing an early round in court. Today, lawmakers have reopened the debate over how to protect homes and businesses in outlying areas, but any move to spend more money will be difficult as the state faces a projected $14.5 billion budget shortfall. Suggestions include a possible return to parcel taxes, but at a lower rate for those who utilize fire-safe materials and clear brush. Various fees, (like Kehoe's proposals are also in the mix), these fees require a simple majority vote in the Legislature, but need the governor's signature. Discussions are also centered on turning over fire protection responsibilities to local agencies and imposing stricter building codes.
Making "defensible space" and "shelter in place" fire-protection strategies a standard in fire-risk housing developments
There is much to be learned from the aftermath of the wildfires that ravaged Southern California last fall. The use of programs such as "defensible space" and "shelter in Place" in connection with new housing development approvals saved property, but most importantly, saved lives. Stevenson Ranch was one of the first subdivisions in the State of California to implement and maintain "defensible space". ("Shelter in place" utilizes fire-safety building products and design in new housing projects.) That is why D-Senator Lou Correa is carrying SB 1231 this year. The bill is aimed at making these successful fire-protection strategies the standard when approving new housing development in fire-risk areas. The bill would accomplish the following three things:
- It directs the state fire marshal to develop a ‘model defensible space" guideline intended for use by local jurisdictions in "local responsibility areas" and "state responsibility areas".
- It further directs the state fire marshal to develop and update on a regular basis a Wild land Urban Interface Standard compliance training manual and a "compliant product" handbook for use by designers, contractors and code enforcement personnel.
- It resumes the state's dormant "fire risk" mapping program, subject of the identification of a funding source.