2005 California Public Resources Code Sections 4141-4145 Article 4. Cooperative Agreements

4141.  The department may, for the prevention and suppression of
forest fires, enter into cooperative agreements with any person,
firm, association, or corporation that owns or controls any forest,
brush, grass, or grain lands, under such terms as the department
deems advisable, and may renew, revise, or terminate these
agreements.
   The department also may, for the purpose of maintaining a fire
patrol system for the prevention and suppression of forest fires in
any timber, brush, grass, or other flammable vegetation or material,
enter into cooperative agreements with the federal government, under
such terms as it deems advisable, and may renew, revise, or terminate
these agreements.
   The expenses incurred under these agreements shall be paid from
appropriations or funds available for forest fire protection.
4142.  (a) The department may, with the approval of the Department
of General Services, enter into a cooperative agreement upon the
terms and under the conditions as it deems wise, for the purpose of
preventing and suppressing forest fires or other fires in any lands
within any county, city, or district which makes an appropriation for
that purpose.
   (b) When the state assumes personnel from a county, city, or
district, an actuarially determined benefit factor shall be included
as a cost in the cooperative agreement, including renewals of the
agreement, for any county, city, or district which elects to allow
the completed years an employee worked at that county, city, or
district, or a lesser number of completed years specified by the
local agency, to be credited towards the vesting period for state
postretirement health benefits.  The department shall certify the
completed years of county, city, or district service to be credited
to an employee to the Board of Administration Public Employees'
Retirement System at the time of separation for retirement.  The
actuarially determined benefit factor shall be accepted as sufficient
by the Department of Forestry and Fire Protection, upon review by
the Department of Finance, to fully compensate the state for the
postretirement health benefit costs of those employees.  The
postretirement health benefit costs charged under this subdivision
may be paid in periodic installments at the discretion of the
department.  If the costs are paid in installments, the payment of
the postretirement health benefit costs for years credited for
nonstate service shall be a continuing obligation of any county,
city, or district which made that election, regardless of whether or
not the cooperative agreement continues or is renewed, and regardless
of whether or not the employees continue in state service.
4142.1.  Whenever a county, city, or district considers entering
into a cooperative agreement pursuant to subdivision (a) of Section
4142 under which the state would assume personnel from the county,
city, or district, the county, city or district shall, prior to the
execution of the cooperative agreement, give written notice to each
affected employee of how the transfer of functions would affect his
or her health benefits upon his or her retirement.
4143.  The Legislature hereby finds and declares that the
maintenance of the economic well-being of the state and the public
health and safety require that the state, through the department,
obtain full utilization of all equipment, personnel, and buildings
under the jurisdiction of the director. In order to obtain these
benefits, the director, in accordance with policy determined by the
board, may provide personnel for and operate those fire stations,
statewide, as the director deems necessary to provide the best
possible fire prevention and suppression. Personnel or equipment
shall not be assigned to any location or assigned pursuant to Section
4144 if that assignment would not meet policy and standards
established by the board. The policy and standards shall be designed
to ensure all of the following:
   (a) The striking force and efficiency of the department in its
primary mission of wild land fire protection, as well as response to
major fires or other natural disasters will not be reduced or
impaired.
   (b) The department will not need any additional funds to operate
its program.
   (c) Personnel and equipment assigned pursuant to Section 4144 will
not replicate services provided under an agreement made pursuant to
Section 4142.
   The normal assignment of fire resources of the department
throughout California during periods of critical fire weather
conditions or during major wild land fires shall not be impaired and
shall receive priority over agreements made with counties pursuant to
Section 4144.
4144.  (a) Notwithstanding Section 4142, the director may, with the
approval of the Department of General Services, enter into a
cooperative agreement with a city, county, special district, or other
political subdivision of the state, or person, firm, association, or
corporation for the purpose of preventing and suppressing fires that
requests an agreement, under those terms and conditions that the
director deems wise.
   (b) The director shall not enter into or renew a cooperative
agreement pursuant to this section under any of the following
circumstances:
   (1) With any county that has assumed responsibility pursuant to
Section 4129.
   (2) If the land to be protected is not in proximity to, nor within
lands classified by the board pursuant to Section 4125 as, a state
responsibility area. For the purposes of this paragraph, "proximity"
means within a distance from an existing facility that results in a
response time established by the board that is not longer than that
used by the department in meeting its state wild land fire protection
mission.
   (3) The director determines that the agreement would significantly
reduce existing fire prevention and suppression service levels.
   (4) The director determines, pursuant to the policy and standards
adopted by the board under Section 4143, that the agreement would
replicate services provided under an agreement made pursuant to
Section 4142.
   (5) The director determines that the service area of a particular
station under the agreement is more appropriately served under an
agreement made pursuant to Section 4142.
   (c) The cooperative agreement shall provide all of the following:
   (1) The department shall ensure that a staffing level, mutually
agreeable to the parties to the agreement, is maintained on all fire
prevention and suppression vehicles.
   (2) The personnel, equipment, and buildings utilized shall be
limited to those used to protect state responsibility areas. Whenever
the cooperative agreement provides for the employment of personnel
during the "nonfire season" who would be in addition to the personnel
required for the necessary operation and maintenance of equipment
and buildings under the jurisdiction of the director, the full
salaries and all benefits of the additional personnel shall be
apportioned, as costs to the city, county, special district, or other
political subdivision of the state, or person, firm, association, or
corporation that contracts with the department pursuant to the
cooperative agreement for fire protection.
   (3) A cost apportionment between the state and the city, county,
special district, or other political subdivision of the state, or
person, firm, association, or corporation that contracts with the
state for fire protection that reasonably reflects cost
apportionments made pursuant to Section 4141 or 4142, except that the
contracting city, county, special district, other political
subdivision of the state, or contracting person, firm, association,
or corporation shall be apportioned the additional cost for extended
staff availability for 24-hour emergency response, for state
personnel assigned to staff fire engines at a rate determined
annually by the director, plus staff benefit costs attributable to
the apportionment, and total unplanned overtime pay. The department
shall recover its actual additional costs.
4145.  (a) It is the intent of the Legislature that cooperative
agreements that are entered into between the department and a local
government shall provide for the equitable sharing of costs
associated with capital outlay projects that enlarge, enhance, or
replace facilities for the purposes of benefiting the cooperating
local government.
   (b) The department shall prescribe those terms and conditions for
those cooperative agreements that would result in an equitable
sharing of those costs in proportion to the benefits derived,
including any in-kind, lump-sum, or installment payments.  Any
installment payment made in connection with a cooperative agreement
entered into pursuant to this section shall be made over a period of
time not exceeding a maximum of 20 years at the same rate of interest
as the rate for the state's Pooled Money Investment Account.  Any
money that is received for reimbursements for facility improvement
costs, under a cooperative agreement, shall be deposited in the
General Fund.