FDAC Report May 2024

FDAC REPORT

2024 BOARD OF DIRECTORS

Eric Walder, President

Jeff Willis, 1st Vice President

Don Butz, 2nd Vice President

Richard Pearce, Treasurer

FDAC STAFF

Catherine Smith, Executive Director

Carmen Berry, Deputy Executive Director

Audie Whitt, Communications Director

Melissa Feltz, Coordinator

Anton Cervantes , Assistant

Brett Moore, Legislative Assistant

Sam Brown, Graphic Designer

PHOTOGR A PHY

Pexels, Pixabay, Adobe Stock and Unsplash

The purpose of this Association shall be: 1) to present a united position on fire protection issues; 2) to coordinate with other associations with similar views on fire protection, including legislation; 3) to provide advisory services and any other services deemed appropriate by the Board of Directors that may benefit member agencies; 4) to keep member agencies informed on laws relating to fire suppression, emergency medical and other related services provided by member agencies; 5) to take an active role in the legislative process affecting public agencies providing fire suppression, emergency medical and related services.

Thank you to all the authors in this issue for sharing with you their time and expertise. If you have an idea for a future article, please contact Carmen Berry at the FDAC office at cberry @fdac.org

Disclaimer: The views and opinions expressed in these articles are those of the authors and do not necessarily reflect the official policy or position of FDAC.

For more information on FDAC or this magazine, please contact the FDAC office at 916.231.2137 or visit the website at www.fdac.org

Fire Agencies Insurance Risk Authority

Susan Blankenburg, General Manager

1255 Battery Street, Suite 450 San Francisco, ca 94111

 Lowest Stable Premiums Available

 Exclusively Fire & Emergency Service Agencies

 Broadest Insurance Coverage Available

 Risk Management Assistance

In 1987, one of the largest insurers of California Fire Districts informed the fire industry that they would not be renewing their insurance. FAIRA's first year of operation resulted in an immediate premium reduction of 30%, and that was just the start! Since then we’ve continued to see favorable outcomes for our members including a combined additional savings of over 10% in the past 7 years alone. Not only did we create a solution that guaranteed continuous coverage and reduced premiums, FAIRA is the largest and only multi-state Fire District pool in the United States and has saved millions of dollars.

Our members pay less in premium than they did in 1988 for exposures that have quadrupled. We provide our members with risk management and loss control services including contract review, live & online training and we provide insurance rates that lead the marketplace when it comes to coverage terms and pricing for Property, Vehicle & Liability coverage for Fire Districts and Emergency Service Agencies.

www.faira.org

Office 415.536.4005 Toll Free 855.350-7617 frmsrisk.org

Check out the new Fire Risk Management Services (FRMS) website at www.frmsrisk.org! The website is a great source of information related to FRMS, including available services, scheduled events, contact information, agendas and minutes, and more. The materials in the Member Portal require a login. A welcome email with log in information will be distributed to the contacts we have on file for each member districts.

Please contact Monica Quintana at monica.quintana@sedgwick.com for questions or comments about the FRMS website.

Eric G. Walder, EFO

Waterloo Morada Fire Protection District, President FDAC

So here we are again, well into spring and looking at another looming fire season. All indications are set for a slow start to fire season with above-average snowpack and rainfall for the past year. That always scares me when the forecasters are stating that the fire season will be arriving late, grass is already turning color down here in the valley. Everyone I have talked to says it is going to be the worst fire season ever! All kidding aside we find ourselves preparing for the worst and hoping for the best as it relates to fire season. Not many changes at the Cal OES Fire and Rescue level regarding Local Government Mutual Aid, so once again local government will answer the call with an antiquated system that needs attention. I agree it is still the best system out there but needs some major help to improve to the level that our citizens deserve and our responders need to be the most effective. Off that tangent, as you all know by now, I am seriously interested in the mutual aid system and how it can be improved, thanks to FIRESCOPE for being on the verge of approving the Mutual Aid Coordination Team (MACT) which will finally bring the Region Coordinators together with OES Operations Chiefs to advise on ways to improve the Mutual Aid System from the local government perspective.

The Fire Districts Association of California (FDAC) continues to be the advocate for Fire Districts in California and staffs the FDAC side of the FDAC/Cal Chiefs Joint Legislative Task Force. Collaborating with Cal Chiefs helps us align on the

issues that are affecting the California Fire Service and when we agree, which is usually more often than not, our voice is that much stronger together. The FDAC Legislative Task Force Members representing your District are CO/ Vice Chair Deputy Chief Brian Helmick Contra Costa County Fire, Chief Richard Pearce Tiburon Fire District, Chief Tim Henry North Central Fire District, Chief Steve Leighton North Tahoe Fire District and alternates Chief Kyle Heggstrom Linda Fire Protection District and Chief Geoff Belyea American Canyon Fire District. This group of Chiefs works tirelessly representing Districts and reviewing all legislation that may affect your agency.

As I move forward into my second year as FDAC’s President, I want to thank all the Board members at FDAC for the support and the work you do year-round to better Fire Districts and the California Fire Service. Additionally, I need to thank Fire Chief Mark Heine the current Cal Chiefs President for all the support and collaboration between the two associations. I look forward to working with President-Elect Chief Fennessy at the start of his term as President as well. The relationship is strong, and I am confident in the fact that we will continue to grow stronger as we work together for a better California Fire Service.

I hope you were able to attend the FDAC Conference this past month in beautiful Monterey. A great time was had by all as we collaborated, learned, and enjoyed some of the best Fire District education that can be found. The conference was a success thanks to our

CSDA’s 2024 Special Districts Legislative Action Day

FDAC Board Member and Legislative Task Force

Vice Chair Chief Brian Helmick and FDAC Executive Director Catherine Smith participated in CSDA’s 2024 Special Districts Legislative Action Day held in Sacramento. FDAC was a collaborator with CSDA and other special district associations on this event.

The advocacy day was well attended by representatives from all types of special districts and provided both information and inspiration to participants!

Thank you CSDA for another successful special district event to help elevate our collective voice in the State Capitol!

Significant Victory for California Fire District Comes from Riverside Case

The California Supreme Court has denied the petition for review filed by Symons in the Symons v. City of Riverside case. Earlier this year, the California Court of Appeal held that City of Riverside’s ambulance permitting and franchising ordinance (Riverside Municipal Code chapter 5.66) was neither preempted by the EMS Act nor invalid under the federal antitrust laws because Symons, a private ambulance provider, failed to prove that the City did not qualify for Health & Safety Code Section 1797.201 status. On

May 1, 2024, the California Supreme Court denied Symons’ petition to review the opinion and request to de-publish the opinion.

Symons v. City of Riverside is now final and constitutes precedent throughout California. FDAC, Cal Chiefs, and many other fire organizations had submitted requests to publish the City of Riverside case decision allowing it to be referenced in future litigation.

The Symons Emergency Specialties v. City of Riverside Legal Alert published by the legal firm Wright, L’ Estrange & Ergastolo is linked here.

Efforts Continue to Challenge the CBRT Initiative

FDAC has joined a coalition of local government associations in opposition to the California Business Roundtable Initiative 1935. If on the November 2024 ballot and passed, the initiative would revise the state Constitution to significantly undermine local control and disrupt the ability of local governments to provide essential services and infrastructure.

Named the “Taxpayer Protection and Government Accountability Act,” or “Taxpayer Protection Act” by proponents is referred to by the opposition as the “Taxpayer Deception Act.”

Poised for a full course press if the initiative is set for November, all eyes are on the California Supreme Court’s determination of a pre-election challenge to Initiative 1935 filed by Governor Gavin Newsom, joined by the State Legislature and former State Senate President Pro Tem John Burton. The challenge argues that the measure is unlawful because it improperly revises the state constitution via initiative and would impair essential government services.

FDAC promptly joined other local government associations including CSDA and California Fire Chiefs Association (CalChiefs) to file an amicus brief

A ruling by the California Supreme Court is anticipated by the end of June 2024.

Bipartisan Bill on Special Districts Easily Passes House of Representatives

Recently, the Special District Grant Accessibility Act (H.R. 7525) cruised through the House of

Representatives with overwhelming support. H.R. 7525 would codify a first-ever definition of “special district” in federal law and ensure districts are eligible for all appropriate forms of federal financial assistance. Rep. Pat Fallon (R) and Brittany Pettersen (D-Colorado) cosponsored the bipartisan bill. The legislation cleared the House by a vote of 352-27. The bill moved to the U.S. Senate and was referred to the Committee on Homeland Security and Governmental Affairs. FDAC joined the coalition in support of H.R. 7525 organized by the National Special Districts Coalition.

Opposition Grows Against ERAF State Budget Proposal

Governor Newsom’s 2024-2025 budget includes a proposal regarding Charter School Eligibility for Education Revenue Augmentation Funds (ERAF). This proposal would result in the permanent loss of millions annually in excess ERAF funding to local government entities through the State that deliver vital transportation, public safety, safety net, and other services. FDAC has sent out a Call to Action to its members asking to share our opposition to this budget proposal.

The ERAF grab proposal remained in the Governor’s May Revise budget which was released on May 10, 2024. California’s Constitution requires that the Legislature pass the budget by June 15. Proposition 25, approved by the voters in 2010, requires lawmakers to permanently forfeit both their pay and their reimbursement for travel and living expenses for each day after June 15 that the budget bill is not passed and sent to the Governor for action.

Workplace Violence Prevention Plan

In 2023, Governor Newsome signed SB 553 which requires employers to develop and implement a workplace violence prevention plan in accordance with the new law. Starting July 1, 2024, most employers must establish, implement, and maintain a Workplace Violence Prevention Plan. With the compliance date rapidly approaching, a DIR Safety and Health Fact Sheet is provided.

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As the California Legislature hits the midpoint of the second year in its two-year session, activity within both Houses is intensifying. Lawmakers are diligently working to pass legislation through their respective policy committees ahead of constitutional deadlines, signaling a busy period in the Legislature.

Assembly Bill 2225, supported by CFCA/ FDAC and authored by Assemblymember Rodriguez, aims to amend the Evidence Code to protect emergency medical services quality assurance from legal discovery. Discussions are ongoing about extending protection to include dispatchers due to their role in providing initial care recommendations. However, concerns exist about including non-medical personnel in this exemption, necessitating strategic advocacy to overcome these objections. The bill passed the Assembly without opposition and awaits Senate committee assignment.

Another legislative initiative supported by CFCA/FDAC, Assembly Bill 2348, also by Assemblymember Rodriguez, requires the Emergency Medical Services Authority to establish guidelines for response times and exemptions and to develop a statewide standard methodology for calculating and reporting emergency ambulance service response times by Local Emergency Medical Services Agencies (LEMSA). It passed the Assembly Health Committee unanimously and moved to the Assembly Appropriations Committee.

Assembly Bill 3065, introduced by Assemblymember Garcia, proposes allowing the retail sale of certified safe and sane fireworks from December 26 to midnight on January 1 each year, under a license from the State Fire Marshal and local authorization. There is no formal position for the measure, but CFCA and FDAC are discussing what issues would be entailed in an opposed position.

In response to the escalating retail crime rates, Governor Newsom has taken decisive action by deploying officers to high-crime areas across the state, emphasizing a direct approach to enhancing public safety. This move aligns with his Administration’s focus on bolstering law enforcement presence where it is most needed.

Simultaneously, the Assembly and Senate have each formed a broad coalition of legislators and local leaders, to introduce legislative measures aimed at combating retail crime and the Fentanyl crisis. These initiatives reflect a comprehensive effort by legislators to address the complex issue of public safety, demonstrating a proactive and collaborative approach to policymaking.

California continues to face a challenging fiscal landscape with an estimated $58 billion budget deficit. In a move to manage this shortfall, early budget actions were taken to address $17.9 billion of the deficit.

Julee Malinowski Ball Public Policy Advocates, LLC

Russell W. Noack Public Policy Advocates, LLC

( CONTINUED )

Financial strategies within the package include:

• Reductions: $3.6 billion, mainly affecting one-time funding allocations.

• Revenue and Borrowing: A combined total of $5.2 billion to bolster financial resources.

• Delays and Deferrals: $5.2 billion, adjusting the timing of expenditures to manage cash flow.

• Cost Shifts: $3.4 billion transferred from the General Fund to various state funds to optimize fiscal management.

This action plan was put into print in Assembly Bill 106 and Senate Bill 106. The Legislature passed AB 106 on April 11th and Governor Gavin Newsom signed AB 106 into law on April 15th.1

Furthermore, the Department of Finance (DOF) has issued a budget letter mandating an “expenditure freeze” on certain one-time appropriations from the 2021, 2022, and 2023 Budget Acts. This directive affects items over $1 million, with departments required to halt spending and consult with the

DOF, aiming to preserve funds for critical needs and provide flexibility for the upcoming fiscal challenges.

As we approach the May Revision of the 2024-25 Budget, revenue projections are expected to decline significantly. By the end of March, state General Fund revenues were already $5.8 billion below projections, with deficits anticipated to widen post-April. This situation underscores the nature of current financial conditions and may require tough decisions on program cuts or tax increases to balance the 2024-25 Budget. We will work to comb through the May Revise and send out a detailed outline.

Both legislative and executive branches are poised for a series of critical discussions and decisions as they navigate the complexities of the California Budget and strive to enhance public safety across the state. With the June 15 budget approval deadline approaching, all eyes will be on Sacramento to see how these fiscal and policy challenges are addressed.

1 Assembly Bill 106 (Gabriel); Chapter 9, Statutes of 2024; Signed by Governor Gavin Newsom; April 15, 2024.

Thank you for making this year’s FDAC Annual Conference in Monterey, CA a resounding success! With record-breaking attendance at a brand-new location, your participation and enthusiasm were instrumental in creating an event that exceeded all expectations. This conference plays a crucial role in educating attendees about the latest developments in the fire industry, and your support helps make that possible. We are grateful for your involvement and look forward to seeing you again at next year’s annual conference in Napa, CA. THANK YOU TO OUR 2024 SPONSORS!

Dear Attendees and Exhibitors,

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As my first Zone 1 Director report, I would like to highlight a recent success for the Fire Service in Sonoma County.

A very special thank you to Fire Chief Steve Akre of the Sonoma Valley Fire District and President of the Sonoma County Fire Chiefs Association for sharing an in-depth look at Measure H and how they were successful in passing a ballot measure that will have lasting positive impacts to the Fire Service in their County.

Sonoma County Measure H: Improved and Enhanced Local Fire Protection, Paramedic Services and Disaster Response Initiative

Like many counties in California, Sonoma County’s Fire Service has needed additional funding to provide fire and EMS services while transitioning from a rural volunteer service model to a suburban career and combination model. These needs were exponentially magnified during the Firestorms of 2017, with the Tubbs and Nuns Fires.

The Sonoma County Fire Chiefs Association (SCFCA) led the efforts to find and secure a new funding mechanism to address the current and future response and service needs. Together with the County of Sonoma we first placed a Measure on the ballot in 2020. Measure G received 65+ % of the vote but failed to get the required 2/3. We went back to the drawing board, as the needs were still very much there and we continued to experience significant fire incidents: Kincaid, LNU Lightning, Glass, etc.

The SCFCA, after much evaluation and exploration, put our efforts into building a stronger and more united Fire Service which we felt was critical to passing a revenue measure. The focus was on three key elements, The SCFCA itself, our Labor partners, and our Elected officials, specifically the Sonoma County Fire Districts Association. As we built this successfully, we developed the distribution plan and the percentages that each agency would receive. This was

similar to what we did with Measure G, however, we placed extra emphasis on a collaborative approach to address as many needs as possible, knowing that the needs were greater than the revenue. We utilized a Standards of Cover program from the IAFF as a starting point and then sought local agency confirmation and needs. Fire Agencies, their Chiefs, Labor, and Elected Officials all engaged and came together to develop this plan. This was proof of our success in building unity and trust.

We then turned to the Citizens’ Initiative Process to place a new Measure on the Ballot. We knew this would only require a 50%+1 vote, but that it would also require a huge investment to get the required signatures to place it on the ballot. Together with our Labor partners, including all IAFF Locals in the County (1401, 1415, 2604, and 3593) as well as Volunteer Firefighters Associations, we raised the necessary funds, successfully gathered the required signatures, and placed Measure H on the ballot. Next, we needed to establish and conduct a robust campaign. We knew this was our best chance to secure this revenue measure and did not want to take anything for granted. Labor established a PAC and continued to do incredible fundraising and campaigning.

The result was that Measure H passed with almost 62% of the vote! The Measure will provide over $60 million annually, and directly distribute percentages to each fire agency in the County. No money will go to the County, nor can the money be taken away. The funding will allow for the hiring of approximately 200 new Firefighter and Paramedic positions throughout the County. The funding will also provide for thirty fire stations to be newly built or significantly improved. Additional services funded include a year-round fuels crew, regional Vegetation Management inspectors, improved recruitment, training and technology programs, and an enhanced Dispatch center.

Geoff Belyea Fire Chief

American

Cannon Fire

Steve Akre Fire Chief

Sonoma Valley Fire District

We are now in full implementation preparation mode. Revenues will start to be collected in October and agencies will receive their first distributions in March. This is very new territory for us as a Service and as the SCFCA. We are determined to do this correctly and to have every agency accomplish what they have set forth to do with their funding. Maintaining our trust and accountability to our communities remains a top priority.

We are also paying remarkably close attention to, and engaged on, the threat that initiative 1935 (the CBRT) poses to Sonoma County and our Measure. We do not have a sunset clause in our Measure, and we did not get two-thirds of the vote, as would be retroactively required by 1935.

This was truly a tremendous team effort in every sense of the term, by so many people. We had numerous team members retire and others move in to seamlessly continue the good work. This process was not a short one, requiring continuous work for over 5 years to finally get to where we are now. Without a question, it was absolutely worth every bit of the effort!

We are in the process of putting together a more detailed and comprehensive “white paper” on the entire process and each of the steps, challenges, etc. that we experienced.

Thank you for the opportunity to share our success! I firmly believe that this can be a template for others to use successfully as well.

Steve Akre

President,

Sonoma County Fire Chiefs Association Fire Chief, Sonoma Valley Fire District stevea@sonomavalleyfire.org 707-291-0603

Would you like to see your Fire Districts photo in FDAC publications and marketing material? We are looking to share the face of California local government fire. If you have photos that you would like FDAC to consider, please upload them to the dropbox link below.

*FDAC reserves the right to choose photos as it seems fit, there is no guarantee that photos will be selected for use. This continuity has created a culture of community. As the community and State continue to change LFPD, as well as all special districts, we are all experiencing challenges in funding, growth, and providing the highest level of service possible.

SUBMIT PHOTOS HERE