BILL NUMBER: SB 1500 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 8, 2008
AMENDED IN ASSEMBLY JULY 1, 2008
AMENDED IN SENATE MAY 27, 2008
AMENDED IN SENATE APRIL 9, 2008
AMENDED IN SENATE MARCH 28, 2008
INTRODUCED BY Senator Kehoe
FEBRUARY 21, 2008
An act to add Sections 65865.6, 65962.1, and 66474.11 to the
Government Code, and to add Sections 4138 and 21096.5 to the Public
Resources Code, relating to the environment.
LEGISLATIVE COUNSEL'S DIGEST
SB 1500, as amended, Kehoe. Environment: CEQA: fire hazards: state
responsibility areas.
(1) Existing law requires the state to have the primary financial
responsibility for preventing and suppressing fires in areas that the
State Board of Forestry and Fire Protection has determined are state
responsibility areas.
This bill would require, on and after July 1, 2009, if the
legislative body of a county considers entering into development
contracts, approving certain permits or entitlements, or approving a
tentative map or parcel map for a subdivision, for a project, as
defined, located within a state responsibility area, the county to
notify the State Fire Marshal of the proposed project when the
application is deemed complete. The State Fire Marshal would then be
required to evaluate the project, within 60 days, as to whether it is
eligible to remain within a state responsibility area or be removed
and become a local responsibility for structural fire protection
services. In evaluating the project, the State Fire Marshal would be
required to consider residential density, and if the project's
residential density would not exceed 3 residential dwelling units per
acre averaged across a prescribed area, the project would remain in
a state responsibility area. If a county is notified that a project
would remain in a state responsibility area, the county would be
prohibited from acting on the proposed project until the county
ensures the provision of structural fire protection by complying with
certain requirements to ensure that structural fire protection is or
will be provided, including, but not limited to, contracting with
the Department of Forestry and Fire Protection to provide structural
fire protection services.
This bill would require the State Fire Marshal to charge a fee to
the applicant sufficient to fully cover the costs of the project
review and the costs to develop the project review process
. The State Fire Marshal would be required to deposit the fee
revenues in the Project Review Special Fund, which the bill would
create in the State Treasury. The State Fire Marshal would be
authorized to expend the moneys deposited in the Project Review
Special Fund, upon appropriation by the Legislature, to carry out
these project evaluations. The State Fire Marshal would be prohibited
from delegating its review responsibilities to a county or a
nonstate entity.
Because this bill would impose new duties on local governments
with respect to notification to the State Fire Marshal and analysis
of proposed actions, the bill would create a state-mandated local
program.
(2) The California Environmental Quality Act (CEQA) requires a
lead agency, which includes a local agency, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that may have a
significant effect on the environment, or to adopt a negative
declaration if it finds that the project will not have that effect.
This bill would require a lead agency to consult with the State
Board of Forestry and Fire Protection for a project within a state
responsibility area or a very high fire hazard severity zone. The
lead agency would be required to submit specified notices to the
board for those projects. The board would be prohibited from
delegating its responsibilities to a county or a nonstate entity.
Because a lead agency includes a local agency, this bill would
increase the level of services provided by a local agency, thereby
imposing a state-mandated local program.
(3) The Planning and Zoning Law requires a city, county, or city
and county to adopt a comprehensive, long-term general plan for the
physical development of the city, county, or city and county that
addresses specified elements. The law authorizes the legislative body
of a city or county to adopt zoning ordinances regulating, among
other things, the use of buildings, structures, and land. The law
authorizes a city or county to enter into a development agreement
with a person having a legal or equitable interest in real property
for the development of the property.
This bill would prohibit a legislative body of a county from
entering into a development agreement for a project located in a
state responsibility area and would prohibit a county from approving
a discretionary permit or entitlement or a ministerial permit that
would result in construction of a residential dwelling unit located
in a state responsibility area, unless the county complies with
certain specified requirements.
(4) The Subdivision Map Act requires the legislative body of a
city or county to deny approval of a tentative map or a parcel map
for which a tentative map was not required, under certain
circumstances.
This bill would prohibit the legislative body of a county from
approving a tentative map, or a parcel map for which a tentative map
was not required, for a subdivision located in a state responsibility
area, unless the county complies with certain specified
requirements.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65865.6 is added to the Government Code, to
read:
65865.6. The legislative body of a county shall not enter into a
development agreement for a project located in a state responsibility
area unless the county complies with the requirements of Section
4138 of the Public Resources Code.
SEC. 2. Section 65962.1 is added to the Government Code, to read:
65962.1. A county shall not approve a discretionary permit or
other discretionary entitlement or a ministerial permit that would
result in the construction of a residential dwelling unit located in
a state responsibility area, unless the county complies with the
requirements of Section 4138 of the Public Resources Code.
SEC. 3. Section 66474.11 is added to the Government Code, to read:
66474.11. The legislative body of a county shall deny approval of
a tentative map, or a parcel map for which a tentative map was not
required, for a subdivision located within a state responsibility
area, unless the county complies with the requirements of Section
4138 of the Public Resources Code.
SEC. 4. Section 4138 is added to the Public Resources Code, to
read:
4138. (a) (1) On and after July 1, 2009, if the legislative body
of a county considers a proposed project in a state responsibility
area, it shall notify the State Fire Marshal of the proposed project
when the application is deemed complete pursuant to Article 3
(commencing with Section 65940) of Chapter 4.5 of Division 1 of Title
7 of the Government Code.
(2) Upon notification by a county of a proposed project, the State
Fire Marshal shall evaluate, within 60 days, whether the proposed
project should remain in a state responsibility area or become a
local responsibility for structural fire protection services as a
result of the proposed project. In determining which projects shall
remain in a state responsibility area, the State Fire Marshal shall
consider residential density.
(3) If the State Fire Marshal determines that the residential
density will exceed three residential dwelling units per acre
averaged across an area prescribed by the board if the project is
approved, the State Fire Marshal shall notify the board and the
county that approval of the project shall constitute removal of the
land from a state responsibility area and the termination of the
state's financial responsibility for preventing and suppressing fires
pursuant to Sections 4102 and 4125.
(4) If the State Fire Marshal determines that a proposed project,
if approved, will not result in a residential density that exceeds
three residential dwelling units per acre averaged across an area
prescribed by the board, the State Fire Marshal shall notify the
board and the county that the land will remain part of a state
responsibility area upon approval of the project.
(b) (1) (A) If the county is notified by the State Fire Marshal
that the land upon which a project is proposed will remain in a state
responsibility area upon approval of the project, the county shall
not act on the proposed project until the county obtains
certification from each of the appropriate fire protection agencies
that there is or will be sufficient structural fire protection for
the project provided by either of the following:
(i) A county, city, special district, or political subdivision of
the state.
(ii) The department by contract entered into pursuant to Section
4129, 4142, or 4144.
(B) A contract with the department to provide structural fire
protection services shall include a provision requiring the county to
pay all state costs to provide the structural fire protection
services under the contract, including, but not limited to, the
following:
(i) Equipment costs.
(ii) Costs associated with salaries, wages, benefits, retirement,
and workers' compensation.
(iii) Costs associated with the administration of salaries, wages,
benefits, retirement, and workers' compensation.
(iv) Costs associated with entering into the contract.
(C) A contract with the department to provide structural fire
protection services shall not expire, unless the county certifies
that sufficient structural fire protection for the project is
provided by a county, city, special district, or political
subdivision of the state.
(c) The State Fire Marshal shall charge a fee to each applicant
sufficient to fully cover the costs of the State Fire Marshal's
project review and the costs to the State Fire Marshal to
develop the project review process .
(d) (1) The State Fire Marshal shall deposit all fee revenues
collected pursuant to subdivision (c) in the Project Review Special
Fund, which is hereby created in the State Treasury.
(2) The State Fire Marshal may expend the moneys deposited in the
Project Review Special Fund, upon appropriation by the Legislature,
to carry out project evaluations pursuant to this section.
(e) The State Fire Marshal shall not delegate its responsibilities
under this section to a county or a nonstate entity.
(f) For purposes of this section, "project" means any of the
following:
(1) A development agreement.
(2) A discretionary permit, other discretionary entitlement, or a
ministerial permit that would result in the construction of a
residential dwelling unit.
(3) A tentative map or a parcel map for which a tentative map was
not required.
SEC. 5. Section 21096.5 is added to the Public Resources Code, to
read:
21096.5. (a) A lead agency shall consult with the State Board of
Forestry and Fire Protection for a project within a state
responsibility area or a very high fire hazard severity zone as
defined in subdivision (b) of Section 51177 of the Government Code.
Consultation may be conducted in the same manner as for responsible
agencies pursuant to this division.
(b) A lead agency shall submit notices, as required by Sections
21080.4 and 21092, to the State Board of Forestry and Fire Protection
for a project within a state responsibility area or a very high fire
hazard severity zone as defined in subdivision (b) of Section 51177
of the Government Code.
(c) The State Board of Forestry and Fire Protection shall not
delegate its responsibilities under this section to a county or a
nonstate entity.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.