BILL ANALYSIS
SB 1369
Page 1
SENATE THIRD READING
SB 1369 (Kuehl)
As Amended June 17, 2004
Majority vote
SENATE VOTE :25-12
NATURAL RESOURCES 9-0 APPROPRIATIONS 18-1
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|Ayes:|Jackson, La Malfa, |Ayes:|Chu, Berg, Calderon, |
| |Hancock, Harman, Koretz, | |Corbett, Correa, Daucher, |
| |Laird, Lieber, Lowenthal, | |Firebaugh, Goldberg, |
| |Wolk | |Keene, Leno, Nation, |
| | | |Negrete McLeod, Oropeza, |
| | | |Pavley, Ridley-Thomas, |
| | | |Wesson, Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Runner |
| | | | |
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SUMMARY : Requires a person who owns property within either
state fire prevention and suppression responsibility areas, or
local responsibility areas where the homes are in very high fire
hazard severity zones, to create a firebreak of 100 feet around
any structures on his or her property and to provide proof of
building certification to his or her insurance carrier.
Specifically, this bill :
1)Requires any person who owns, leases, controls, operates or
maintains any occupied building or occupied structure in, or
adjoining, any mountainous area, or forest-covered lands,
brush covered lands, or any land which is covered with
flammable material, within state fire prevention and
suppression responsibility areas, and local responsibility
areas when the homes are in very high fire hazard severity
zones to maintain, around any building or structure, a
firebreak made by removing all flammable vegetation or other
combustible growth, located within 100 feet from the
structure.
2)Allows property insurance carriers to require firebreaks
greater than 100 feet if a hazardous condition warrants such a
SB 1369
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firebreak, within state fire prevention and suppression
responsibility areas, and local responsibility areas when the
homes are in very high fire hazard severity zones.
3)Requires the owner of new construction and owners who are
re-building structures damaged in very high fire hazard
severity zones to obtain certification from the local building
official that the structure complies with all applicable state
and local building standards and to provide proof, upon
request, to their insurance carriers that the construction
complies with all applicable state and local building
standards, within state fire prevention and suppression
responsibility areas, and local responsibility areas when the
homes are in very high fire hazard severity zones.
4)Allows the Director of Forestry and Fire Protection (CDF) to:
a) Authorize the removal of vegetation in order to comply
with the firebreak requirements of this bill; and,
b) Prescribe a procedure for the removal of that vegetation
and make the expense a lien upon the offending property.
5)Defines "person" to mean a private individual, organization,
partnership, limited liability company or corporation.
EXISTING LAW :
1)Requires any person who owns, leases, controls, operates or
maintains any building or structure in, or adjoining, any
mountainous area, or forest-covered lands, brush covered
lands, or any land which is covered with flammable material,
within state fire prevention and suppression responsibility
areas, to:
a) Maintain, around any building or structure, a firebreak
made by removing all flammable vegetation or other
combustible growth, by no less than 30 feet on each side;
and,
b) Maintain a wider firebreak which is located 30 feet to
100 feet from any structure, if the Director of CDF
determines there are extra hazardous conditions.
2)Defines "person" as any agency of the state, county, city,
SB 1369
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district or other local public agency and any individual,
firm, association, partnership, business trust, corporation,
limited liability company or company.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, minor, if any costs and potentially significant
savings to the state.
COMMENTS : According to the author's office, as a result of the
2003 Southern California fires, homes and other structures
within regions vulnerable to wildfire should have more
protection from future wildfires. Numerous reports have
identified the lack of enforceable firebreak legislation as a
major factor in the spread of wildfire.
Scientific research supports this increase in firebreak size.
According to by Jack D. Cohen, Ph.D., USDA Forest Research
Physical Scientist, "My research results indicate that the big
flames of high intensity wildland fires do not directly ignite
homes at separation distances beyond 100 feet." (Cohen, Thoughts
on the Wildland-Urban Interface Problem , 2003).
It is important to acknowledge the role of the insurance
industry in coping with the risk of wildfires and property.
This bill decreases exposure of the industry to fire-related
losses allowing insurance carriers to make case-by-case
determinations as to whether minimum firebreak clearances are
inadequate. This bill further decreases the industry's exposure
by allowing insurance carriers to enforce the building standards
of the recently enacted AB 1216 (Vargas), which apply to homes
in very high fire hazard severity zones in both state and local
responsibility areas.
Analysis Prepared by : Manuel Valencia / NAT. RES. / (916)
319-2092
FN: 0006731