Rural Fire Fee to increase

California’s disputed fire prevention fee may be even more difficult for rural residents to swallow next year.

State law requires the fee to automatically adjust upward for inflation — even though about $26 million already collected remains unspent.

The hike amounts to $2.33, netting the state an additional $1.7 million on top of the $72 million in current fees expected from mostly rural residents. That will push the price to $117.33 or $152.33, depending on the property location.

Opponents say it’s the principle — not the size of the fee increase — that matters.

“This rubs salt in the wound,” said San Diego County Supervisor Dianne Jacob, a strident critic of the fee.

Read more at UT San Diego

California Burns through one quarter of firefighting budget - by John Myers of News 10

They are some of the first personnel to set up shop on the site of a major California fire: the accountants.
Every taxpayer dollar spent battling Golden State blazes is tracked against the state's budgeted amount.  And so far, 2013 is on course to be an expensive year.
State officials say that through late last week, firefighting costs have totaled some $44.5 million for just the first seven weeks of the new fiscal year.  That's more than a quarter of the $172 million written into the spending plan signed by Gov. Jerry Brown on June 27.
"Whatever it takes, I'm going to make sure that the resources are deployed," said Brown in a news conference with firefighters Monday morning in Tuolumne City.
The governor spoke on Sunday with President Obama regarding federal assistance in battling the Rim Fire that now encompasses more than 234 square miles of California wilderness.
"The President reiterated his commitment to providing needed federal resources to support the ongoing state and local response," said the statement from the White House Press Office.
To read more by John Myers from News 10 CLICK HERE

Could fires influence tax decision? by Joel Fox of Fox and Hounds News

Firefighters are battling the Rim Fire near Yosemite, one of the largest fires in California history — but that’s not all. According to Cal Fire, the Department of Forestry and Fire Protection site that monitors fires in the state, as I write this column, 8300 firefighters are battling a dozen California wildfires.

The tongues of these fires lick against some policy and legal concerns the state faces. While the fires raise alarms about natural resources, the potential lose of life and property, and in the case of the Rim Fire, the water and power sources for the city of San Francisco, the fires will once again put a focus on the controversial fire tax.

To read more by Joel Fox on Fox and Hounds News site  CLICK HERE

Firefighters are battling the Rim Fire near Yosemite, one of the largest fires in California history — but that’s not all. According to Cal Fire, the Department of Forestry and Fire Protection site that monitors fires in the state, as I write this column, 8300 firefighters are battling a dozen California wildfires.
The tongues of these fires lick against some policy and legal concerns the state faces. While the fires raise alarms about natural resources, the potential lose of life and property, and in the case of the Rim Fire, the water and power sources for the city of San Francisco, the fires will once again put a focus on the controversial fire tax.
- See more at: http://www.foxandhoundsdaily.com/2013/08/could-fires-influence-tax-decision/#sthash.Mp6A6ze8.dpuf

Firefighters are battling the Rim Fire near Yosemite, one of the largest fires in California history — but that’s not all. According to Cal Fire, the Department of Forestry and Fire Protection site that monitors fires in the state, as I write this column, 8300 firefighters are battling a dozen California wildfires.
The tongues of these fires lick against some policy and legal concerns the state faces. While the fires raise alarms about natural resources, the potential lose of life and property, and in the case of the Rim Fire, the water and power sources for the city of San Francisco, the fires will once again put a focus on the controversial fire tax.
- See more at: http://www.foxandhoundsdaily.com/2013/08/could-fires-influence-tax-decision/#sthash.Mp6A6ze8.dpuf

Firefighters are battling the Rim Fire near Yosemite, one of the largest fires in California history — but that’s not all. According to Cal Fire, the Department of Forestry and Fire Protection site that monitors fires in the state, as I write this column, 8300 firefighters are battling a dozen California wildfires.
The tongues of these fires lick against some policy and legal concerns the state faces. While the fires raise alarms about natural resources, the potential lose of life and property, and in the case of the Rim Fire, the water and power sources for the city of San Francisco, the fires will once again put a focus on the controversial fire tax.
- See more at: http://www.foxandhoundsdaily.com/2013/08/could-fires-influence-tax-decision/#sthash.Mp6A6ze8.dpuf

 

Fire Fee 2.0: Six Times Worse? by George Runner

Better late than never, California lawmakers seem to be waking up to the reality that the illegal “Fire Prevention Fee” they enacted nearly two years ago is a complete fiasco. Even so, they are refusing to repeal it. Instead they are scheming up ways to replace the tax with yet another tax that’s even bigger than the first.

Where else but Sacramento would someone think the answer to a bad tax is to replace it with one even worse?

Assemblyman Wes Chesbro, who represents many rural taxpayers on California’s North Coast, is leading the charge to reinvent and expand the fire fee. His proposal (AB 468) would replace the fire fee with a 4.8 percent “surcharge” on all insured homeowners and businesses in the State of California, regardless of location.

Bigelow Continues to Fight Fire Tax - press release

SACRAMENTO – Assemblyman Frank Bigelow (R-O’Neals) continues to fight for rural Californians by advocating for full repeal of the State Responsibility Area Fire Fee (tax). Assemblyman Bigelow issued the following statement in regards to his continued effort on behalf of rural property owners: 

 

            “Recently, you may have received notices in the mail from the California Board of Equalization informing you that you owe the state a fee to pay for fire prevention and safety services." 

"Although proponents say the fee is for fire protection, it really amounts to nothing more than a 2011 state budget gimmick. The burden of this fee (tax) falls on property owners in State Responsibility Areas – residents primarily living in rural and unincorporated parts of California."

"That is why repealing the fire tax is one of my top priorities in Sacramento and the reason I am coauthoring Assembly Bill 124 to do just that. Our state cannot attempt to balance the books on the backs of some Californians for the same services we all use and rely on."

 

Runner Says New Fire Fee Bills Will Be Delayed

SACRAMENTO – George Runner today announced that the Board of Equalization will delay this year’s fire fee bills in response to a request from Cal Fire. The bills were scheduled to begin mailing April 2.

“The delay appears to be related to concerns about accuracy of the billing data,” said Runner. “I’m pleased to see that Cal Fire is admitting there’s a problem.”

Earlier this week Runner called upon Cal Fire to delay thousands of potentially inaccurate fire fee bills until after the Board of Forestry has an opportunity to correct the State Responsibility Area maps.

Howard Jarvis Taxpayers Association today formally served the California State Board of Equalization, Department of Forestry and Fire Protection and Department of Justice with a lawsuit challenging the constitutionality of the state’s “Fire Prevention Fee.”

Runner Says Fire Fee Lawsuit Received by State

SACRAMENTO – According to George Runner, the Howard Jarvis Taxpayers Association today formally served the California State Board of Equalization, Department of Forestry and Fire Protection and Department of Justice with a lawsuit challenging the constitutionality of the state’s “Fire Prevention Fee.”

“The wheels of justice grind slowly, but I’m pleased that this vitally important lawsuit is moving forward,” said Runner. “Recent revelations regarding the state’s misuse of fire fee dollars have only strengthened our case that the ‘fire fee’ is really an illegal tax.”

Is the Fire Tax Unconstitutional? by, Budget Fact Check

This issue of Budget Fact Check spotlights state budget funding for one of government's most important responsibilities - fire protection. 

The newly-enacted $150 fire tax will be imposed on residents living in State Responsibility Areas to fund CalFire.  Its adoption has been a controversial move both politically and legally.  The outcome of the political debate and expected legal challenges could significantly impact the 2012-13 budget.
Consider that:

• Assembly Bill 29x requires homeowners in State Responsibility Areas to pay a fire tax of $150 annually, but they do not receive any additional fire protection.
• The fire tax violates Proposition 26, which requires any new fee or tax that broadly benefits the public to pass by a two-thirds vote of the Legislature.  Assembly Bill 29x passed with only a majority vote.
• The 2011-12 Budget Act includes $50 million in new fire tax expenditures and the Governor proposes $48 million for 2012-13.  During the same period, General Fund baseline expenditures have been reduced by $191 million, requiring reductions in engine and dozer crews, Tahoe basin staffing and air attack capabilities.  Any revenue collected from the fire tax is not meant to backfill these reductions.

SRA Fire Fee made Permanent (KCRA News)

To view KCRA News video CLICK HERE

Supervisor Spellman addresses the California Department of Forestry and Fire Protection Board

On December 5, 2012 Supervisor Spellman went to Sacramento to the California Department of Forestry and Fire Protection Board meeting as a representative from Calaveras County with the clear message that the Calaveras County Board of Supervisors is opposed to the implementation of fees to homeowners in the SRA area... in layman's terms, they are opposed to the fire tax.

Spellman read a letter penned by the BOS and signed by Gary Tofanelli outlining their continued opposition stating that AB29x "is a prime example of hastily enacted legislation without the benefit of proper analysis or appropriate administrative review." Two previous letters sent 12-12-11 and 1-9-12 to the Forestry Board stated the Calaveras County Board of Supervisors position. Without response, the BOS chose to send a voice to the capital so that Calaveras County would be heard.

After reading the letter Spellman stated that he felt "it was reprehensible to force rural citizens to pay for poor policy decisions in the past." Explaining in detail the lack of proper forest management causing an excess in fire fuels with little or no deterrent for what could be termed as "catastrophic forest fire" potential which would inevitably lead to the need for more man power and equipment use, increasing costs exorbitantly.

Spellman to Speak in Sacramento against the Fire Tax

Supervisor Darren Spellman was chosen by the Calaveras County Board of Supervisors to be the County's representative voice speaking out against the fire tax at the Board of Forestry and Fire Protection December 5, 2012 meeting in Sacramento.
The Copper Gazette will be there to be your eyes and ears at this meeting.
 
To view the 12-5-12 Board of Forestry and Fire Protection meeting agenda CLICK HERE 


Click HERE to read the fire tax class action lawsuit filed by the Howard Jarvis Taxpayers Association.

Fire Tax Bill update from BOE George Runner

George Runner today announced that more “Fire Prevention Fee” bills are on their way to the Sacramento region.

“This week the state is mailing nearly 58,000 fire tax bills to Placer County residents—the largest single county billing to date,” said Runner. “I think many people will be shocked to discover they must pay this illegal and unfair tax.” 

Senator Ted Gaines - opposing the fire tax

I’ve written much about my opposition to the illegal fire tax over the past year. I attempted to fight it through a referendum and legislation as my rural district includes nearly 20 percent of the state’s homeowners who are subject to the fee. My office has been flooded with calls from constituents upset over the fire tax bills that have been arriving in their mailboxes and I want to share some helpful information about how to protest it.

I am supporting the Howard Jarvis Taxpayers Association (HJTA) who will be filing a lawsuit to challenge the constitutionality of the tax and seeking refunds for people who have filed a “Petition for Redetermination” with the responsible agencies.

Challenging the Fee and Claiming a Refund from the Howard Jarvis Taxpayers Association

You must pay your bill.  PAY CLOSE ATTENTION TO THE DUE DATE.  You may have fewer than 30 days to pay.  If you are late, steep penalties and interest are compounded monthly.  Moreover, the fee is a lien on your property, and failure to pay can result in foreclosure.
We at the Howard Jarvis Taxpayers Association believe this fee is really an illegal tax under Proposition 13.  We plan to challenge the constitutionality of this tax in court.
Should we prevail, the court may order refunds.  To qualify for a refund you must have paid your bill and filed a “Petition for Redetermination” with the responsible agencies.
For convenience, we have posted the form below with the grounds for challenging the fee already filled in.  Page 2 contains instructions for completing the form.
When you pay your fee, we recommend that you write “under protest” on the notation line of your check.  Also, make a copy of the check so that you can enclose it with your Petition for Redetermination form, as proof of payment.
Although only one address appears at the bottom of the form, state law actually requires that you submit the form to three different addresses.  You must submit it WITHIN 30 DAYS OF THE DATE OF YOUR BILL to the three addresses below:

1. Fire Prevention Petitions, P.O. Box 2254, Suisun City, CA 94585
2. Board of Forestry and Fire Protection, P.O. Box 944246, Sacramento, CA 94244
3. Board of Equalization, P.O. Box 942879, Sacramento, CA 94279

DOWNLOAD FORMS
If you have further questions, click here.  This will take you to the “Frequently Asked Questions” section of this website.
To stay updated if any further actions need to be taken, sign up for our email updates.

How to Appeal the Fire Tax from CaliforniaFireFee.com

How to Appeal

The law that created the Fire Fee also established the appeals process;
Time is Critical!

• The Fire Fee bill must be paid and/or appealed within thirty days of the billing date (which is when the bill was sent, not when you received it). Late petitions will not be considered. This means that if a petition is not filed within the thirty days, the bill becomes due at the end of the period. (14 CCR Chapter 13, Section 1665.5(a)(4))

The Petition

• The petition must be in writing. In the near future, CALFIRE will provide a form that can be used to appeal, which is now available. It can be downloaded [HERE].

(Reprint) Letter to the Editor re: Fire Tax Protest

Dear Editor,

The Calaveras County Taxpayers Association urges taxpayers to take action on the "Fire Tax"by using the protest procedure developed by the Howard Jarvis Taxpayers Association which is also suing the state to overturn this tax. Action suggested is challenging the tax and requesting a refund.

The Fire Tax Protest site (FireTaxProtest.org) is a one-stop resource for taxpayers who wish to protest the new fire tax, learn more information about their rights, or join a class action lawsuit to overturn what HJTA believes to be an unlawful tax.

”The fire tax is in direct violation of Prop. 13, and it represents an additional burden on rural homeowners who are already suffering in this economy,” said Jon Coupal, president of the Howard Jarvis Taxpayers Association. “This new tax ... represents the worst of Sacramento -- taking more money from hardworking people for a program they were already paying for, to cover the politicians' budget gap. Today we (HJTA) are offering a new tool for homeowners to protest this new tax.”

The Jarvis group, supported by the Calaveras County Taxpayer Association, is preparing to challenge the tax constitutionally in court on the grounds it should have been subject to the two-thirds vote requirement in the Legislature. 

Although taxpayers must pay the bill, the HJTA site shows how to protest the fee in order to be eligible for a refund. There they can sign up for free email bulletins that will keep them informed of the progress of the taxpayers' suit against the state of California. “It is our goal to help taxpayers get relief,” added Coupal. “We are committed to fighting these illegal taxes to ensure taxpayers have their day in court.”

Fire Prevention Fee contact numbers for questions

If you have questions regarding this program, please contact the Fire Prevention Fee Service Center at the following address or telephone number:

Fire Prevention Fee Service Center
P.O. Box 2254
Suisun City, CA 94585
888-310-6447

If you have questions regarding the collection process of this fee, please contact Special Taxes and Fees at the following address or telephone number:

Special Taxes and Fees, MIC: 88
State Board of Equalization
P.O. Box 942879
Sacramento, CA 94279-0088

Telephone 800-400-7115
(TTY: 711)

SB 1040 ammended 8-27-12 - repeal of fire fee

BILL NUMBER: SB 1040 AMENDED
 BILL TEXT

 AMENDED IN ASSEMBLY  AUGUST 27, 2012
 AMENDED IN ASSEMBLY  AUGUST 24, 2012
 AMENDED IN ASSEMBLY  JUNE 25, 2012

INTRODUCED BY   Senator  Negrete McLeod   Evans

   (Principal coauthor: Assembly Member Nestande)
   (Coauthor: Assembly Member Chesbro)

                        FEBRUARY 6, 2012

   An act to repeal Chapter 1.5 (commencing with Section 4210) of
Part 2 of Division 4 of the Public Resources Code, relating to fire
prevention, and declaring the urgency thereof, to take effect
immediately.

Fire Prevention Fee bills in the mail

George Runner announced today that the State of California has mailed more than 40,000 “Fire Prevention Fee” bills to date.

“About 5% of the estimated 825,000 fire tax bills are in the mail so far.” said Runner. “The state is currently sending bills to taxpayers in Calaveras County. Up next are Colusa, Contra Costa, Del Norte and El Dorado counties.”

"What's Next? A Crime Prevention Tax?" by George Runner

A fire tax bill is coming soon to a mailbox near you. It's not fair; it's not constitutional, but thanks to Gov. Jerry Brown and the Legislature, the bills are coming all the same.

On Aug. 13, the state of California began mailing the first of more than 825,000 "Fire Prevention Fee" bills to Californians who own property with a habitable structure in a State Responsibility Area (SRA)- those 31 million acres where CalFire has primary responsibility for fire prevention and suppression.