BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1369|
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UNFINISHED BUSINESS
Bill No: SB 1369
Author: Kuehl (D)
Amended: 6/17/04
Vote: 21
SENATE NATURAL RES. & WILD. COMMITTEE : 6-2, 3/23/04
AYES: Kuehl, Alpert, Bowen, Ortiz, Sher, Torlakson
NOES: Oller, Hollingsworth
NO VOTE RECORDED: Denham
SENATE APPROPRIATIONS COMMITTEE : 8-1, 5/3/04
AYES: Alpert, Bowen, Burton, Escutia, Johnson, Karnette,
Machado, Murray
NOES: Aanestad
NO VOTE RECORDED: Battin, Ashburn, Poochigian, Speier
SENATE FLOOR : 25-12, 5/18/04
AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro,
Ducheny, Dunn, Escutia, Figueroa, Florez, Karnette,
Kuehl, Machado, Murray, Ortiz, Perata, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte,
Hollingsworth, Johnson, Margett, McClintock, Morrow,
Oller, Poochigian
NO VOTE RECORDED: Denham, McPherson, Vacancy
ASSEMBLY FLOOR : 53-17, 8/9/04 - See last page for vote
SUBJECT : Fire protection
SOURCE : Planning and Conservation League
Sierra Club California
CONTINUED
SB 1369
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DIGEST : This bill 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/her property and to provide proof of building
certification to his/her insurance carrier.
Assembly Amendments require 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. The Senate version required
the owners to self-certify to their insurance company.
ANALYSIS :
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.
B. Maintain a wider firebreak which is located 30
feet to 100 feet from any structure, if the Director
of the State Department of Forestry and Fire
Protection (DFFP) determines there are extra
hazardous conditions.
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2. Defines "person" as any agency of the state, county,
city, district or other local public agency and any
individual, firm, association, partnership, business
trust, corporation, limited liability company or
company.
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 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 rebuilding 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 DFFP to:
A. Authorize the removal of vegetation in order to
comply with the firebreak requirements of this bill.
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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.
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 Jack D. Cohen, Ph.D., United States
Department of Agriculture 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
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Major Provisions 2004-05 2005-06
2006-07 Fund
Forestry and fire ---------minor, if any
costs--------- General
protection --potentially significant
savings--General
SUPPORT : (Verified 8/10/04)
Planning and Conservation League (co-source)
Sierra Club California (co-source)
California Forestry Association
CDF Firefighters
Defenders of Wildlife
Regional Council of Rural Counties
State Department of Forestry and Fire Protection
ARGUMENTS IN SUPPORT : DFFP Firefighters support the bill
because of the extended firebreaks in very high fire
severity zones. That organization also believes that the
bill reflects a sensible approach to fire science and the
"practical, real world responsibility of responding to an
alarm."
The Sierra Club and the Planning and Conservation League
support the firebreak and the building code provisions of
the bill. They contend that the firebreak language will
assist homeowners in protecting their homes and that
building code compliance "is one of the most important
actions that can be taken to avoid loss of property during
a fire."
ASSEMBLY FLOOR :
AYES: Aghazarian, Berg, Bermudez, Calderon, Canciamilla,
Chan, Chavez, Chu, Cohn, Corbett, Correa, Daucher, Diaz,
Dutra, Dutton, Frommer, Garcia, Goldberg, Hancock, Jerome
Horton, Shirley Horton, Jackson, Kehoe, Koretz, La Malfa,
Laird, Leslie, Levine, Lieber, Liu, Longville, Maddox,
Maldonado, Matthews, Montanez, Mullin, Nakano, Nation,
Negrete McLeod, Oropeza, Parra, Pavley, Reyes, Richman,
Salinas, Simitian, Spitzer, Steinberg, Vargas, Wiggins,
Wolk, Yee, Nunez
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NOES: Benoit, Bogh, Campbell, Cogdill, Cox, Harman,
Haynes, Houston, Keene, Maze, McCarthy, Mountjoy,
Nakanishi, Plescia, Runner, Strickland, Wyland
NO VOTE RECORDED: Bates, Dymally, Firebaugh, La Suer,
Leno, Lowenthal, Pacheco, Ridley-Thomas, Samuelian,
Wesson
CP:mel 8/10/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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