BILL NUMBER: SB 841	CHAPTERED  04/24/06

	CHAPTER  21
	FILED WITH SECRETARY OF STATE  APRIL 24, 2006
	APPROVED BY GOVERNOR  APRIL 24, 2006
	PASSED THE ASSEMBLY  APRIL 6, 2006
	PASSED THE SENATE  JANUARY 19, 2006
	AMENDED IN SENATE  JANUARY 17, 2006
	AMENDED IN SENATE  JANUARY 4, 2006
	AMENDED IN SENATE  APRIL 20, 2005
	AMENDED IN SENATE  APRIL 4, 2005

INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 22, 2005

   An act to add Section 4291.3 to the Public Resources Code,
relating to forest practices.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 841, Hollingsworth  Fire protection: firebreaks.
   Existing law requires the State Board of Forestry and Fire
Protection to adopt regulations implementing minimum fire safety
standards related to defensible space, that are applicable to state
responsibility area lands under the authority of the Department of
Forestry and Fire Protection. Existing law requires a person that
owns, leases, controls, operates, or maintains any building or
structure in, upon, or adjoining any mountainous area or forest
covered lands, brush lands, or grass-covered lands, or any land that
is covered with flammable material, to maintain around and adjacent
to the building or structure a firebreak of at least 30 feet, as
specified.
   This bill would, consistent with any other applicable provision of
law, authorize a state or local fire official, at his or her
discretion, to permit an owner of property, or his or her agent, to
construct a firebreak or implement appropriate vegetation management
techniques, to ensure that defensible space is adequate for the
protection of a hospital, adult residential care facility, school,
aboveground storage tank, hazardous materials facility, or similar
facility on the property. The bill would authorize the firebreak to
be for a radius of up to 300 feet from the facility, or to the
property line, whichever distance is shorter.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4291.3 is added to the Public Resources Code,
to read:
   4291.3.  Subject to any other applicable provision of law, a state
or local fire official, at his or her discretion, may authorize an
owner of property, or his or her agent, to construct a firebreak, or
implement appropriate vegetation management techniques, to ensure
that defensible space is adequate for the protection of a hospital,
adult residential care facility, school, aboveground storage tank,
hazardous materials facility, or similar facility on the property.
The firebreak may be for a radius of up to 300 feet from the
facility, or to the property line, whichever distance is shorter.