BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           1369 (Kuehl)
          
          Hearing Date:  4/26/2004        Amended: 3/26/04 & as  
          proposed                        
          Consultant:  Karen French           Policy Vote: NR&W  6-2
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          BILL SUMMARY: 
          
          SB 1369 extends from 30 to 100 feet the requirements for  
          firebreaks around structures. 
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                          Fiscal Impact (in thousands)

           Major Provisions                    2004-05             2005-06   
                      2006-07            Fund

           Forestry & Fire 
          protection             ---------minor, if any  
          costs-----------         General 
                                 ----potentially significant  
          savings---               General
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          STAFF COMMENTS:  This bill was heard on April 19 and failed  
          passage 6-1.   Reconsideration was granted.  The motion was  
          "Do Pass as amended" to clarify that definition of "person"  
          for the purposes of the PRC section would not apply to  
          state or local government, thus eliminating costs.
          
          Existing law (Government Code) requires firebreaks of 30 to  
          100 feet around all  inhabited  structures that are located  
          in very high fire hazard severity zones within local  
          responsibility areas (LRAs).  Existing law (Public  
          Resources Code) also requires 30 to 100 foot firebreaks  
          around all structures located in very high fire hazard  
          severity zones within state responsibility areas (SRAs).   
          Responsibility for compliance with these provisions applies  
          to any person owning, leasing, controlling, or managing the  
          structure.  For the purposes of Division 4, Part 2 of the  
          PRC a "person" is defined as including any state or local  
          agency as well as individuals and business entities.  The  










          Government Code also broadly defines person, but the  
          governing statute specifically excludes land or water areas  
          acquired or managed for various habitat, open space or  
          scenic purposes (Government Code 51184).
          
          Prior to the amendment, this bill could have resulted in  
          increased non-reimbursable costs to local agencies and  
          increased direct costs to state agencies for compliance  
          with the provision requiring a 100 foot firebreak around  
          any structure within a SRA.  Any structure would include  
          sheds, restrooms, pergolas, etc.  The Department of Parks  
          and Recreation (DPR) operates 277 parks within SRAs, of  
          which 150 have fire management plans that may be in  
          conflict with the requirements of this bill.  DPR could  
          incur significant increased costs to revise the plans and  
          to increase firebreaks.  In addition, CalTrans maintains  
          numerous structures throughout  the state located on or  
          near highways traversing SRAs.  Staff is unable to quantify  
          the number of structures or determine costs at this time.