HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-225 246>r,
BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
In the Matter Supporting AS1773
for Appropriation for Reimbursement}
of State-Mandated Costs for Fire- )
fighter Safety Clothing and }
Equipment and Urging Immediate }
Passage )Resolution No.981 2 2 5
Whereas,the Standards Board of the California Occupational Safety and Health Administration
("Cal/OSHA")issued executive Orders in 1978,Title 8 California Code of Regulations sections
3401-3410 (The'Regulations),which set forth safety regulations requiring local agencies who
provide fire protection and suppression to purchase and use special safety clothing and
equipment for California firefighters; and
Whereas, commencing in 1972, upon enactment of SB90 and its subsequent amendments, a
statutory reimbursement duty was imposed on the State (Former Rev. &Tax Code 2207)which
also became a constitutional requirement in Article XIIIB .6 in 1979 providing that State-
mandated costs resulting from a new program or an increased level of service shall be
reimbursed to local agencies; and
Whereas, local agencies filed test claims with the State Board of Control (now the Commission on
State Mandates)for reimbursement of costs expended for the Regulation, and in 1979,the Board
of Control determined that these costs were a State-mandate which required reimbursement to
the local agencies; and
Whereas, in 1984, litigation was commenced by various local agencies, including the Carmel
Valley Fire Protection District, against the State for its failure to reimburse local government for
the State-mandated costs of the Regulations; and
Whereas, in Carmel Valley Fire Protection District v State of California 190
Cal.App.3d521(1987) ("Carmel Valley 1),the regulations were declared to be a State-mandated
cost imposed on local government fire agencies for which the State was constitutionally required
to reimburse affected local government fire agencies; and
Whereas, subsequent to Caramel Valley I local agencies regularly received reimbursement from
the State until September 1992,when the State purported to"suspend" its constitutional,
statutory, administrative and judicially-declared obligation of reimbursement to local government
fire agencies for the incurred costs of the Regulations; and
Whereas, local fire agencies continually sought to reinstate reimbursement after the"suspension"
of payment by the State including administrative and litigation efforts; and
Whereas, as of the date of this Resolution, neither the Standards Board of Cal/OSHA nor the
Legislature has repulsed the Regulations;
Whereas,the Assembly Governmental Organization Committee unanimously passed AB 1773 on
April 20, 1998;
Now,therefore,be it resolved by the Board of Supervisors of Contra Costa County as M
officio Board of Directors of the Consolidated Fire Protection District of Contra Costa
County("District")that:
1. The District supports Assembly Bill 1773 (Leach)which provides for
reimbursement of State-mandated firefighter safety clothing and equipment costs
already spent by local government fire agencies;and
2. The cost of reimbursement is a fraction of the cost of loss of life and injury to
employees and the public which has occurred and will occur due to the Inability of
firefighters to effectuate life saving rescue when not clothed and equipped with the
required clothing and safety equipment; and
3. Therefore,AB 1773 should be passed immediately.
INTRODUCED I hereby certify that the foregoing is a true and correct
Copy of an order entered on the Minutes of the said
Board of Supervisors for the aforesaid date.
DONN BER §AY 5, 1998
District upervisor PHIL BATCHELOR, Clerk of the Board of Supervisors
And COU y Administrator.
By:
CC: C.L. VAN MARTER 47
CALIFORNIA LEGISLATURE-199748 REGULAR SESSION
ASSEMBLY BILL No. 1773
Introduced by Assembly Member Leach
February 5, 1998
An act relating to firefighters, and making an appropriation
therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1773, as introduced, Leach. Firefighter safety clothing
and equipment: state-mandated costs: reimbursement.
Prior Budget Acts have provided for appropriations for the
reimbursement of specified costs mandated by the state.
This bill would appropriate $18,000,000 from the General
Fund to the Commission on State Mandates to reimburse
state-mandated costs.for structural and wildland firefighter's
safety clothing and equipment, as specified.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of Q 'ivrria do enact as follows.
1 SECTION 1. The sum of eighteen million dollars
2 ($18,000,000) is hereby appropriated from the General
3 Fund to the Commission on State Mandates for
4 reimbursement, in accordance with Section 6 of Article
5 XIII B of the California Constitution and Section 17561 of
6 the Government Code, of the costs of any new program
7 or increased level of service of an existing program,
8 mandated by statute or executive order,incurred by local
99
AB 1773 — 2 -
1
2 ..--
1 agencies in fiscal years 1992-93, 1993--94, 1994--95, 1995-98,
2 1996-97, and 1997-98 for structural and wildland
3 firefighter's safety clothing and equipment.
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