2007 California Government Code Article 5.5. State Assistance For Fire Equipment Act

CA Codes (gov:8589.8-8589.22)

8589.8.  This article shall be known and may be cited as the State
Assistance for Fire Equipment Act.



8589.9.  The Legislature finds and declares that there is a growing
need to find new ways to acquire firefighting apparatus and equipment
for use by local agencies.  Local agencies, particularly those which
serve rural areas, have had and are likely to continue to have,
difficulty acquiring firefighting apparatus and equipment.  The
Legislature further finds and declares that this situation presents a
statewide problem for the protection of the public safety.
   In enacting this article, the Legislature intends to create new
ways for the Office of Emergency Services to help local agencies
acquire firefighting apparatus and equipment.  Through the
identification of available apparatus and equipment, the acquisition
of new and used apparatus and equipment, the refurbishing and resale
of used apparatus and equipment, and assisting the financing of
resales, the Office of Emergency Services will help local agencies
meet public safety needs.


8589.10.  As used in this article:
   (a) "Acquire" means acquisition by purchase, grant, gift, or any
other lawful means.
   (b) "Director" means the Director of the Office of Emergency
Services.
   (c) "Firefighting apparatus and equipment" means any vehicle and
its associated equipment which is designed and intended for use
primarily for firefighting.  "Firefighting apparatus and equipment"
does not include vehicles which are designed and intended for use
primarily for emergency medical services, rescue services,
communications and command operations, or hazardous materials
operations.
   (d) "Indirect expenses" means those items which are identified as
indirect costs in the federal Office of Management and Budget
Circular A-87 on January 1, 1985.
   (e) "Local agency" means any city, county, special district, or
any joint powers agency composed exclusively of those agencies, which
provides fire suppression services.  "Local agency" also includes a
fire company organized pursuant to Part 4 (commencing with Section
14825) of Division 12 of the Health and Safety Code.
   (f) "Office" means the Office of Emergency Services.
   (g) "Rural area" means territory which is outside of any urbanized
area designated by the United States Bureau of the Census from the
1980 federal census.



8589.11.  The office may acquire new or used firefighting apparatus
and equipment for resale to local agencies.  If the apparatus or
equipment is in a used condition, the office may contract with the
Prison Industry Authority to repair or refurbish the apparatus or
equipment to acceptable fire service standards before resale.  The
resale price shall recover the office's cost of acquisition,
repairing, refurbishing, and associated indirect expenses.



8589.12.  If a state agency, including the office, proposes to make
firefighting apparatus or equipment which is currently owned and
operated by the state available to the office for use under this
article, the Department of General Services shall determine whether
there is any immediate need by any state agency for the apparatus or
equipment.  If there is no immediate need, the Department of General
Services shall release the apparatus or equipment to the office.  If
the office acquires firefighting apparatus or equipment from another
state agency, the office shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the agency agrees to a lesser payment.




8589.13.  (a) The office may contract with a local agency which
serves a rural area for the resale of new or used firefighting
apparatus and equipment.
   (b) If the contract provides for the local agency to pay the
resale price in more than one installment, the local agency shall pay
interest at a rate specified in the contract, which shall not exceed
1 percent less than the rate earned by the Pooled Money Investment
Board.  The term of a contract for resale shall not exceed five
years.
   (c) If the contract provides for the local agency to obtain
another loan from another source, the office may insure the other
loan.


8589.14.  The office shall operate an information system which is
capable of identifying firefighting apparatus and equipment which is
available for acquisition, and  local agencies which are interested
in acquiring apparatus and equipment.



8589.15.  The office may contract with the Prison Industry Authority
to perform any of the responsibilities or services required or
authorized by this article.



8589.16.  There is hereby created in the General Fund the State
Assistance for Fire Equipment Account, which, notwithstanding Section
13340, is continuously appropriated to the office for the purposes
of Sections 8589.11 and 8589.13.  All proceeds from the resale of
firefighting apparatus and equipment shall be paid to the account.
The office shall manage the account so that it is self-sustaining by
the 1992-93 fiscal year.



8589.17.  Every contract with a local agency for the resale of
firefighting apparatus and equipment shall specify that the local
agency shall make the apparatus or equipment available to other local
agencies in the same county as part of a mutual aid agreement.  The
apparatus or equipment shall be available for mutual aid responses
for the length of the term of the contract with the office.



8589.18.  If a local agency defaults on a contract for the resale of
firefighting apparatus and equipment, the office may either
renegotiate the contract or take possession of the apparatus or
equipment for subsequent resale to another local agency.




8589.19.  (a) After consultation with the Office of Emergency
Services Fire Advisory Committee, the director shall adopt rules and
regulations governing the operation of the programs created by this
article pursuant to the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3.
   (b) The rules and regulations adopted pursuant to subdivision (a)
shall include, but not be limited to, all of the following:
   (1) The specific types of firefighting apparatus and equipment
which may be acquired, rehabilitated, and resold.
   (2) The amount and terms of resale contracts.
   (3) The time, format, and manner in which local agencies may apply
for resale contracts.
   (4) Priorities for assisting local agencies which shall give
preference to local agencies which meet all of the following:
   (A)  Demonstrated need for primary response firefighting apparatus
and equipment.
   (B) Will be adequately able to operate and maintain the
firefighting apparatus and equipment.
   (C) Have already used other means of financing the firefighting
apparatus and equipment.



8589.20.  All state agencies, boards, and commissions shall
cooperate with the office in implementing the programs created by
this article.


8589.21.  The director shall be responsible for the programs created
by this article which, except as provided by Sections 8589.12 and
8589.15, shall not be subject to the requirements of the State
Equipment Council or the Office of Fleet Administration of the
Department of General Services.



8589.22.  The director shall report to the Legislature every two
years, commencing January 1, 1990, regarding the status of the
programs created by this article.