8589.8. This article shall be known and may be cited as the State
Assistance for Fire Equipment Act.
8589.9. (a) 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 that 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.
(b) In enacting this article, the Legislature intends to create
new ways for the California Emergency Management Agency 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 California Emergency Management Agency 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) "Agency" means the California Emergency Management Agency.
(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 that 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 that 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, that
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) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Secretary" means the Secretary of Emergency Management.
8589.11. The agency 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 agency 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 agency's cost of acquisition,
repairing, refurbishing, and associated indirect expenses.
8589.12. If a state agency, including the agency, proposes to make
firefighting apparatus or equipment which is currently owned and
operated by the state available to the agency 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 agency. If
the office acquires firefighting apparatus or equipment from another
state agency, the agency shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the state agency agrees to a lesser payment.
8589.13. (a) The agency shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The agency shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the agency to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the agency may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale 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, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the agency may insure
the other loan.
8589.14. The agency 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 agency 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 agency 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.
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 agency.
8589.18. If a local agency defaults on a contract for the resale of
firefighting apparatus and equipment, the agency 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 California Emergency
Management Agency Fire Advisory Committee, the secretary 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 agency in implementing the programs created by
this article.
8589.21. The secretary 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.
8589.8. This article shall be known and may be cited as the State
Assistance for Fire Equipment Act.
8589.9. (a) 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 that 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.
(b) In enacting this article, the Legislature intends to create
new ways for the California Emergency Management Agency 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 California Emergency Management Agency 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) "Agency" means the California Emergency Management Agency.
(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 that 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 that 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, that
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) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Secretary" means the Secretary of Emergency Management.
8589.11. The agency 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 agency 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 agency's cost of acquisition,
repairing, refurbishing, and associated indirect expenses.
8589.12. If a state agency, including the agency, proposes to make
firefighting apparatus or equipment which is currently owned and
operated by the state available to the agency 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 agency. If
the office acquires firefighting apparatus or equipment from another
state agency, the agency shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the state agency agrees to a lesser payment.
8589.13. (a) The agency shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The agency shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the agency to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the agency may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale 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, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the agency may insure
the other loan.
8589.14. The agency 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 agency 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 agency 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.
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 agency.
8589.18. If a local agency defaults on a contract for the resale of
firefighting apparatus and equipment, the agency 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 California Emergency
Management Agency Fire Advisory Committee, the secretary 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 agency in implementing the programs created by
this article.
8589.21. The secretary 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.
8589.8. This article shall be known and may be cited as the State
Assistance for Fire Equipment Act.
8589.9. (a) 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 that 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.
(b) In enacting this article, the Legislature intends to create
new ways for the California Emergency Management Agency 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 California Emergency Management Agency 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) "Agency" means the California Emergency Management Agency.
(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 that 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 that 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, that
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) "Rural area" means territory that is outside of any urbanized
area designated by the United States Census Bureau from the 1980
federal census.
(g) "Secretary" means the Secretary of Emergency Management.
8589.11. The agency 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 agency 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 agency's cost of acquisition,
repairing, refurbishing, and associated indirect expenses.
8589.12. If a state agency, including the agency, proposes to make
firefighting apparatus or equipment which is currently owned and
operated by the state available to the agency 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 agency. If
the office acquires firefighting apparatus or equipment from another
state agency, the agency shall pay the fair market value of the
apparatus or equipment, as determined by the Department of General
Services, unless the state agency agrees to a lesser payment.
8589.13. (a) The agency shall give first priority for the sale of
new or used firefighting apparatus and equipment to a local agency
that serves a rural area, and is authorized to contract with a local
agency that serves a rural area for this purpose. The agency shall
give second priority for the sale of new or used firefighting
apparatus and equipment to any local agency. If after reasonable
efforts by the agency to sell new or used firefighting apparatus and
equipment to any local agency, and not less than 90 days after
providing notice to these local agencies, the agency may sell any
remaining firefighting apparatus and equipment to public agencies
outside of California, the federal government, and Indian tribes,
subject to any applicable federal requirements.
(b) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for the local
agency to pay the sale 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, and the term of a contract shall not exceed
five years.
(c) If a contract for the sale of new or used firefighting
apparatus and equipment under subdivision (a) provides for a local
agency to obtain a loan from another source, the agency may insure
the other loan.
8589.14. The agency 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 agency 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 agency 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.
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 agency.
8589.18. If a local agency defaults on a contract for the resale of
firefighting apparatus and equipment, the agency 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 California Emergency
Management Agency Fire Advisory Committee, the secretary 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 agency in implementing the programs created by
this article.
8589.21. The secretary 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.
