BILL NUMBER: SB 1595	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2008
	AMENDED IN ASSEMBLY  JUNE 9, 2008
	AMENDED IN SENATE  APRIL 29, 2008
	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 22, 2008

   An act to amend Sections 51175, 51177, 51178, 51182, 51183, and
51189 of the Government Code, and to amend Sections 4202 and 4291 of,
and to add Article 3.6 (commencing with Section 4140) to Chapter 1
of Part 2 of Division 4 of, the Public Resources Code, relating to
public resources.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1595, as amended, Kehoe. Public resources: fire protection:
fuels management: forest protection.
   (1) Existing law requires that a person who owns, leases,
controls, operates, or maintains an occupied dwelling or occupied
structure in, upon, or adjoining certain terrains that is within a
very high fire hazard severity zone, as designated by a local agency,
maintain at all times a firebreak by removing all brush, flammable
vegetation, or other combustible growth for a prescribed number of
feet from the occupied dwelling or occupied structure, with
exceptions, as well as take other required fire prevention actions.
   A person who owns, leases, controls, operates, or maintains a
building or structure in, upon, or adjoining a mountainous area,
forest-covered lands, brush-covered lands, grass-covered lands, or
land that is covered with flammable material, within a state
responsibility area, is required to maintain at all times a firebreak
by removing all brush, flammable vegetation, or other combustible
growth for a prescribed number of feet from the dwelling or
structure, with exceptions, as well as taking other required fire
prevention actions. A violation of these provisions is a crime.
   This bill would delete certain terrain qualifications thereby
applying these provisions to any land within a very high fire
severity zone as designated by a local agency without regard to the
type of terrain. The bill would also change the current brush
clearance requirements and would instead require the owner or person
in control of a qualified property to significantly reduce the risk
of ignition of a habitable structure by maintaining defensible space,
as prescribed, within a certain number of feet from the
above-described dwellings, buildings, or structures. The bill would
require the Department of Forestry and Fire Protection to develop,
periodically update, and post  on its   Internet Web
sites  a guidance document on  vegetation  
fuels  management  on its Internet Web site  .

   Because this bill would change the definition of a crime, it would
impose a state-mandated local program.
   This bill would add to the criteria under which the Director of
Forestry and Fire Protection designates an area as a very high fire
hazard severity zone. The bill would also define various terms for
purposes of these provisions and revise legislative findings and
declarations concerning fire risks and site fuel management.
   (2) This bill would make conforming changes and delete obsolete
provisions.
   (3) 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 51175 of the Government Code is amended to
read:
   51175.  The Legislature hereby finds and declares as follows:
   (a) Wildfires are extremely costly, not only to property owners
and residents, but also to local agencies. Wildfires pose a serious
threat to the preservation of the public peace, health, or safety.
The wildfire front is not the only source of risk since embers, or
firebrands, travel far beyond the area impacted by the front and pose
a risk of ignition to a structure or fuel on a site for a longer
time. Since fires ignore civil boundaries, it is necessary that
cities, counties, special districts, state agencies, and federal
agencies work together to bring raging fires under control.
Preventive measures are therefore needed to ensure the preservation
of the public peace, health, or safety.
   (b) The prevention of fires is not a municipal affair, as that
term is used in Section 5 of Article XI of the California
Constitution, but is instead, a matter of statewide concern. It is
the intent of the Legislature that this chapter apply to all local
agencies, including, but not limited to, charter cities, charter
counties, and charter cities and counties. This subdivision shall not
limit the authority of a local agency to impose more restrictive
fire and public safety requirements, as otherwise authorized by law.
   (c) It is not the intent of the Legislature in enacting this
chapter to limit or restrict the authority of a local agency to
impose more restrictive fire and public safety requirements, as
otherwise authorized by law.
  SEC. 2.  Section 51177 of the Government Code is amended to read:
   51177.  As used in this chapter:
   (a) "Director" means the Director of Forestry and Fire Protection.

   (b) "Very high fire hazard severity zone" means an area designated
by the director pursuant to Section 51178 that is not a state
responsibility area.  
   (a) "Defensible space" means the area within the perimeter of a
structure or dwelling where wildfire prevention or protection
practices are implemented to provide defense from an approaching
wildfire or to minimize the spread of a structure fire to wildlands
or surrounding areas.  
   (b) "Director" means the Director of Forestry and Fire Protection
 
   (c) "Fuel" means any combustible material, especially
petroleum-based products and wildland fuels.  
   (d) "Fuel management" means the act or practice of controlling
flammability and reducing resistance to control of fuels through
mechanical, chemical, biological, or manual means or by fire, in
support of land management objectives.  
   (c) 
    (e)  "Local agency" means a city, county, city and
county, or district responsible for fire protection within a very
high fire hazard severity zone. 
   (d) 
    (f)  "Single specimen tree" means any live tree that
stands alone in the landscape so as to be clear of buildings,
structures, combustible vegetation, or other trees, and that does not
form a means of rapidly transmitting fire from the vegetation to an
occupied dwelling or structure or from an occupied dwelling or
structure to vegetation. 
   (e) 
    (g)  "State responsibility areas" means those areas
identified pursuant to Section 4102 of the Public Resources Code.

   (f) "Fuel" means any combustible material, especially
petroleum-based products and wildland fuels.  
   (g) "Fuel management" means the act or practice of controlling
flammability and reducing resistance to control of fuels through
mechanical, chemical, biological, or manual means or by fire, in
support of land management objectives.  
   (h) "Vegetation" means all plants, including trees, shrubs, grass,
and perennial or annual plants.  
   (i) "Very high fire hazard severity zone" means an area designated
by the director pursuant to Section 51178 that is not a state
responsibility area.  
   (h) 
    (j)  "Wildfire" means a fire on an area the size of an
acre or larger of vegetation, whether cultivated or not. 
   (i)
    (k)  "Wildfire front" means the leading edge of the
wildfire where high heat and large flames pose great hazards for a
short duration as the wildfire moves. 
   (j) "Vegetation" means all plants, including trees, shrubs, grass,
and perennial or annual plants. 
  SEC. 3.  Section 51178 of the Government Code is amended to read:
   51178.  The director shall identify areas in the state as very
high fire hazard severity zones based on consistent statewide
criteria and based on the severity of fire hazard that is expected to
prevail in those areas. Very high fire hazard severity zones shall
be based on fuel loading, slope, fire weather, and other relevant
factors including areas where Santa Ana, Mono, and Diablo winds have
been identified by the Department of Forestry and Fire Protection as
a major cause of wildfire spread.
  SEC. 4.  Section 51182 of the Government Code is amended to read:
   51182.  (a) A person who owns, leases, controls, operates, or
maintains an occupied dwelling or occupied structure in, upon, or
adjoining land that is within a very high fire hazard severity zone
designated by the local agency pursuant to Section 51179, shall at
all times do all of the following:
   (1) Maintain defensible space  within 100 feet 
 no greater than 100 feet from each side  of the structure,
but not beyond the property line unless allowed by state law, local
ordinance, or regulation and as provided in paragraph (2). The amount
of fuel modification necessary shall take into account the
flammability of the structure as affected by building material,
building standards, location, and type of vegetation. Fuels shall be
maintained in a condition so that a  fire passing through
  wildfire burning  under average weather
conditions would be unlikely to ignite the  dwelling
  structure  . This paragraph does not apply to
single specimens of trees or other vegetation that are well-pruned
and maintained so as to effectively manage fuels and not form a means
of rapidly transmitting fire from other nearby vegetation to a
structure or from a structure to other nearby vegetation. The
intensity of fuels management may vary within the 100-foot 
radius   perimeter  of the structure. Vegetation
 should   located more than 10 feet from each
side of a structure shall  not be cleared to bare mineral soil.
   (2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that such
a clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation  measure  possible to
reduce the risk of ignition or spread of wildfire to the structure.
Clearance on adjacent property shall only be conducted following
written consent by the adjacent landowner.
   (3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert  , designated by the
director, provides findings that such a clearing is necessary to
significantly reduce the risk of transmission of flame or heat
sufficient to ignite the structure, and there is no other feasible
mitigation  measure  possible to reduce the risk of ignition
or spread of wildfire to the structure. The greater distance may not
be beyond the property line unless allowed by state law, local
ordinance, rule, or regulation.
   (4) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on  vegetation   fuels  management
pursuant to this chapter. Guidance shall include, but not be limited
to, regionally appropriate vegetation management suggestions that
preserve and restore native species, minimize erosion, minimize water
consumption, and permit trees near homes for shade, aesthetics, and
habitat  ;   and suggestions to minimize or eliminate
the risk of flammability of nonvegetative sources of combustion such
as woodpiles, propane tanks, wood decks, and outdoor lawn furniture
 .
   (5) Remove that portion of any tree that extends within 10 feet of
the outlet of any chimney or stovepipe.
   (6) Maintain any tree, shrub, or other plant adjacent to or
overhanging any building free of dead or dying wood.
   (7) Maintain the roof of any structure free of leaves, needles, or
other vegetative materials.
   (8) Prior to constructing a new dwelling or structure that will be
occupied or rebuilding an occupied dwelling or occupied structure
damaged by a fire in that zone, the construction or rebuilding of
which requires a building permit, the owner shall obtain a
certification from the local building official that the dwelling or
structure, as proposed to be built, complies with all applicable
state and local building standards, including those described in
subdivision (b) of Section 51189, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official, a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189, and shall provide a copy of the report, upon request,
to the property insurance carrier that insures the dwelling or
structure.
   (b) A person is not required under this section to manage fuels on
land if that person does not have the legal right to manage fuels,
nor is a person required to enter upon or to alter property that is
owned by any other person without the consent of the owner of the
property.
  SEC. 5.  Section 51183 of the Government Code is amended to read:
   51183.  (a) The local agency may exempt from the standards set
forth in Section 51182 structures with exteriors constructed entirely
of nonflammable materials, or conditioned upon the contents and
composition of the structure, and may vary the requirements
respecting the management of fuels surrounding the structures in
those cases. This subdivision does not authorize a local agency to
vary a requirement that is a building standard subject to Section
18930 of the Health and Safety Code, except as otherwise authorized
by law.
   (b) An exemption or variance under subdivision (a) shall not apply
unless and until the occupant of the structure, or if there is no
occupant, then the owner of the structure, files with the local
agency a written consent to the inspection of the interior and
contents of the structure to ascertain whether Section 51182 is
complied with at all times.
  SEC. 6.  Section 51189 of the Government Code is amended to read:
   51189.  (a) The Legislature finds and declares that site and
structure defensibility is essential to reduce the risk of structure
ignition as well as for effective fire suppression by firefighters.
This need to establish defensibility extends beyond the site fuel
management practices required by this chapter, and includes, but is
not limited to, measures that increase the likelihood of a structure
to withstand ignition, such as building design and construction
requirements that use fire resistant building materials, and provide
standards for reducing fire risks on structure projections,
including, but not limited to, porches, decks, balconies and eaves,
and structure openings, including, but not limited to, attic,
foundation, and eave vents, doors, and windows.
   (b) No later than January 1, 2005, the State Fire Marshal, in
consultation with the Director of Forestry and Fire Protection and
the Director of Housing and Community Development, shall, pursuant to
Section 18930 of the Health and Safety Code, recommend building
standards that provide for comprehensive site and structure fire risk
reduction to protect structures from fires spreading from adjacent
structures or vegetation and to protect vegetation from fires
spreading from adjacent structures.
  SEC. 7.  Article 3.6 (commencing with Section 4140) is added to
Chapter 1 of Part 2 of Division 4 of the Public Resources Code, to
read:

      Article 3.6.  Fuels Management


   4140.  The Legislature finds and declares all of the following:
   (a)  Lessons learned from the wildland fires experienced in
California in 2003 and 2007 reinforce the importance of a
comprehensive fire prevention strategy that includes consistent land
use guidelines for construction in state responsibility areas and the
wildland-urban interface areas throughout the state; updated fuels
management based on established fire suppression techniques, fire
science, and fire ecology; effective building code standards that
reduce the generation of embers and ignition sources within and
around structures; a year-round inspection program for compliance
with Government Code and Public Resources Code sections including
those relating to fuels management and establishing defensible space;
fuels management on public lands, including the removal of dead and
dying trees; expansion and coordination of the local Fire Safe
Council program; and an ongoing public education program on fire
prevention and emergency response.
   (b) Effective fuels management and establishing reliable and
consistent defensible space took on added significance in the
aftermaths of the 2003 and 2007 wildland fires. It is the intent of
the Legislature to incorporate lessons learned from those fires into
statute.
  SEC. 8.  Section 4202 of the Public Resources Code is amended to
read:
   4202.  The director shall classify lands within state
responsibility areas into fire hazard severity zones. Each zone shall
embrace relatively homogeneous lands and shall be based on fuel
loading, slope, fire weather, and other relevant factors present,
including areas where Santa Ana, Mono, and Diablo winds have been
identified by the department as a major cause of wildfire spread.
  SEC. 9.  Section 4291 of the Public Resources Code is amended to
read:
   4291.  (a) A person who owns, leases, controls, operates, or
maintains a building or structure in, upon, or adjoining a
mountainous area, forest-covered lands, brush-covered lands,
grass-covered lands, or land that is covered with flammable material,
shall at all times do all of the following:
   (1) Maintain defensible space  within 100 feet 
 no greater than 100 feet from each side  of the structure,
but not beyond the property line unless allowed by state law, local
ordinance, or regulation and as provided in paragraph (2). The amount
of fuel modification necessary shall take into account the
flammability of the structure as affected by building material,
building standards, location, and type of vegetation. Fuels shall be
maintained in a condition so that a  fire passing through
  wildfire burning  under average weather
conditions would be unlikely to ignite the  dwelling
  structure  . This paragraph does not apply to
single specimens of trees or other vegetation that are well-pruned
and maintained so as to effectively manage fuels and not form a means
of rapidly transmitting fire from other nearby vegetation to a
structure or from a structure to other nearby vegetation. The
intensity of fuels management may vary within the 100-foot 
radius   perimeter  of the structure. Vegetation
 should   located more than 10 feet from each
side of a structure shall  not be cleared to bare mineral soil.
   (2) A greater distance than that required under paragraph (1) may
be required by state law, local ordinance, rule, or regulation.
Clearance beyond the property line may only be required if the state
law, local ordinance, rule, or regulation includes findings that such
a clearing is necessary to significantly reduce the risk of
transmission of flame or heat sufficient to ignite the structure, and
there is no other feasible mitigation  measure  possible to
reduce the risk of ignition or spread of wildfire to the structure.
Clearance on adjacent property shall only be conducted following
written consent by the adjacent landowner.
   (3) An insurance company that insures an occupied dwelling or
occupied structure may require a greater distance than that required
under paragraph (1) if a fire expert  ,  designated by the
director, provides findings that such a clearing is necessary to
significantly reduce the risk of transmission of flame or heat
sufficient to ignite the structure, and there is no other feasible
mitigation  measure  possible to reduce the risk of ignition
or spread of wildfire to the structure. The greater distance may not
be beyond the property line unless allowed by state law, local
ordinance, rule, or regulation.
   (4) The Department of Forestry and Fire Protection shall develop,
periodically update, and post on its Internet Web site a guidance
document on  vegetation   fuels  management
pursuant to this chapter. Guidance shall include, but not be limited
to, regionally appropriate vegetation management suggestions that
preserve and restore native species, minimize erosion, minimize water
consumption, and permit trees near homes for shade, aesthetics, and
habitat  ;   and s   uggestions to minimize or
eliminate the risk of flammability of nonvegetative sources of
combustion such as woodpiles, propane tanks, wood decks, and outdoor
lawn furniture  .
   (5) Remove that portion of any tree that extends within 10 feet of
the outlet of a chimney or stovepipe.
   (6) Maintain any tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
   (7) Maintain the roof of a structure free of leaves, needles, or
other vegetative materials.
   (8) Prior to constructing a new building or structure or
rebuilding a building or structure damaged by a fire in an area
subject to this section, the construction or rebuilding of which
requires a building permit, the owner shall obtain a certification
from the local building official that the dwelling or structure, as
proposed to be built, complies with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
certification, upon request, to the insurer providing course of
construction insurance coverage for the building or structure. Upon
completion of the construction or rebuilding, the owner shall obtain
from the local building official, a copy of the final inspection
report that demonstrates that the dwelling or structure was
constructed in compliance with all applicable state and local
building standards, including those described in subdivision (b) of
Section 51189 of the Government Code, and shall provide a copy of the
report, upon request, to the property insurance carrier that insures
the dwelling or structure.
   (b) (1) Except as provided in Section 18930 of the Health and
Safety Code, the director may adopt regulations exempting a structure
with an exterior constructed entirely of nonflammable materials, or,
conditioned upon the contents and composition of the structure, the
director may vary the requirements respecting the removing or
clearing away of flammable vegetation or other combustible growth
with respect to the area surrounding those structures.
   (2) An exemption or variance under paragraph (1) shall not apply
unless and until the occupant of the structure, or if there is not an
occupant, the owner of the structure, files with the department, in
a form as the director shall prescribe, a written consent to the
inspection of the interior and contents of the structure to ascertain
whether this section and the regulations adopted under this section
are complied with at all times.
   (c) The director may authorize the removal of vegetation that is
not consistent with the standards of this section. The director may
prescribe a procedure for the removal of that vegetation and make the
expense a lien upon the building, structure, or grounds, in the same
manner that is applicable to a legislative body under Section 51186
of the Government Code.
   (d) As used in this section, "person" means a private individual,
organization, partnership, limited liability company, or corporation.

  SEC. 10.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.