BILL NUMBER: SB 1617 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kehoe
FEBRUARY 22, 2008
An act to amend Sections 51175, 51177, 51178, 51182, 51183, and
51189 of, and to add Sections 8682.10 and 8682.11 to, the Government
Code, and to amend Section 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 1617, as introduced, Kehoe. Public resources: fire protection:
fuels management.
(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 place a fee on developers of buildings and
structures when the building permit is issued and a fee annually on
property owners with residential structures within the state
responsibility areas. The property owner fee would be reduced if a
property owner complies with specified fire prevention requirements.
Because the moneys generated from the fee would fund, among other
things, fuels management on public lands, year-round fire inspections
of compliance with state law, and public education on fire
prevention and emergency response, the bill would impose a tax.
Because this bill would impose new duties on local government to
collect money when a permit is issued, the bill would create a
state-mandated local program.
(2) 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 take 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 reduce the risk of ignition by
managing fuel materials within a certain number of feet from the
above-described dwellings, buildings, or structures. The bill would
require that fuel found in vegetation, in manmade objects, and in
connection with improvements attached to the structure be managed by
collecting and disposing of combustible matter and irrigating living
plants as required to sustain the species during exposure to a
wildfire. Local agencies would be authorized to place alternative
requirements in effect in areas where water shortages exist.
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.
Because this bill would change the definition of a crime, it would
impose a state-mandated local program.
(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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(4) This bill would result in a change in state taxes for the
purpose of increasing state revenues within the meaning of Section 3
of Article XIII A of the California Constitution, and thus would
require for passage the approval of 2/3 of the membership of each
house of the Legislature.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8682.10 is added to the Government Code, to
read:
8682.10. It is the intent of the Legislature to provide direct
incentives for local jurisdictions to achieve the maximum
reimbursement possible under the applicable allocation sections
(Article 4 (commencing with Section 8685)) by conditioning
eligibility for full reimbursement by the state to the local
jurisdiction's level of compliance with, and adoption and
implementation of, the following elements of fire prevention: fuels
management; land use regulations for fire-safe development in
wildland-urban interface areas; current state building codes 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; encouraging the retrofitting of existing homes to comply
with current fire prevention-related state building codes; and an
ongoing public education program on fire prevention and emergency
response, including the local Fire Safe Councils.
SEC. 2. Section 8682.11 is added to the Government Code, to read:
8682.11. It is the intent of the Legislature that by January 1,
2010, the State Fire Marshal shall establish a sliding scale for
reimbursement based on compliance with, and adoption and
implementation of, the elements of fire prevention set forth in
Section 8682.10.
SEC. 3. Section 51175 of the Government Code is amended to read:
51175. The Legislature hereby finds and declares as follows:
(a) Fires Wildfires are extremely
costly, not only to property owners and residents, but also to local
agencies. Fires 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 panic 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 panic public
safety requirements, as otherwise authorized by law.
SEC. 4. 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.
(c) "Local agency" means a city, county, city and county, or
district responsible for fire protection within a very high fire
hazard severity zone.
(d) "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 native growth
vegetation to any an
occupied dwelling or structure or from an occupied
dwelling or structure to vegetation .
(e) "State responsibility areas" means those areas identified
pursuant to Section 4102 of the Public Resources Code.
(f) "Fuel" means matter that will ignite and burn, whether
vegetation or manmade materials. For purposes of this chapter, fuel
is that matter that is likely to ignite when exposed for the typical
duration of the wildfire front predicted by the very high fire hazard
severity rating system.
(g) "Fuel management" means the sustained and uninterrupted human
effort to keep fuels below a risk threshold of ignition during the
passage of a wildfire in the vicinity.
(h) "Wildfire" means a fire on an area the size of an acre or
larger of vegetation, whether cultivated or not.
(i) "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. 5. Section 51178 of the Government Code is amended to read:
51178. (a) 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 winds have been
identified by the Department of Forestry and Fire Protection as a
cause of a wildfire .
(b) On or before January 1, 1995, the director shall identify
areas as very high fire hazard severity zones in the Counties of
Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside,
San Bernardino, San Francisco, San Mateo, Santa Barbara, Santa Clara,
Solano, Sonoma, and Ventura. This information shall be transmitted
to all local agencies with identified very high fire hazard severity
zones within 30 days.
(c) On or before January 1, 1996, the director shall identify
areas as very high fire hazard severity zones in all other counties.
This information shall be transmitted to all local agencies with
identified high fire hazard severity zones within 30 days.
SEC. 6. Section 51182 of the Government Code is amended to read:
51182. (a) A person who owns, leases, controls, operates, or
maintains any an occupied dwelling or
occupied structure in, upon, or adjoining any mountainous
area, forest-covered land, brush-covered land, grass-covered land, or
any land that is covered with flammable material, which area or
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 around and adjacent to the occupied dwelling or
occupied structure a firebreak made by removing and clearing away,
for a distance of not less than 30 feet on each side thereof or to
the property line, whichever is nearer, all flammable vegetation or
other combustible growth. This paragraph does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to any
dwelling or structure.
(2) Maintain around and adjacent to the occupied dwelling or
occupied structure additional fire protection or firebreaks made by
removing all brush, flammable vegetation, or combustible growth that
is located within 100 feet from the occupied dwelling or occupied
structure or to the property line, or at a greater distance if
required by state law, or local ordinance, rule, or regulation. This
section does not prevent an insurance company that insures an
occupied dwelling or occupied structure from requiring the owner of
the dwelling or structure to maintain a firebreak of more than 100
feet around the dwelling or structure if a hazardous condition
warrants such a firebreak of a greater distance. Grass and other
vegetation located more than 30 feet from the dwelling or structure
and less than 18 inches in height above the ground may be maintained
where necessary to stabilize the soil and prevent erosion. This
paragraph does not apply to single specimens of trees or other
vegetation that is 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 dwelling or structure.
(1) Reduce the risk of ignition by managing all fuel materials on
the site surrounding the structure within a radius of 30 feet or to
the property line, whichever is nearer. Fuel found in vegetation, in
manmade objects, and improvements attached to the structure shall be
managed by collecting and disposing of combustible matter and by
irrigating all living plants, as required for each species, to
sustain a moisture content that protects the plant from ignition
during exposure to a wildfire front.
(2) (A) Reduce the risk of ignition by managing all fuel materials
surrounding the structure from 30 feet to the property line or
within a radius of 100 feet from the structure. Fuel found in
vegetation, in manmade objects, and in connection with improvements
attached to the structure shall be managed by collecting and
disposing of combustible material and by irrigating all living
plants, as required for each species, to sustain a moisture content
that protects the plant from ignition during exposure to a wildfire
front.
(B) A greater distance than that required under subparagraph (A)
may be required by state law, or local ordinance, rule or regulation,
or by an insurance company that insures an occupied dwelling or
occupied structure if fire experts determine and provide findings
that additional fuel management distance is necessary to
significantly reduce the risk of transmission of flame or heat
sufficient to ignite the structure.
(C) In areas where water shortages exist, local agencies may
require property owners to reduce irrigation in the 30-foot to
100-foot fuel management area, and in order to reduce the
transmission of a flame if the nonirrigated plants ignite, may
instead require sustainable thinning and pruning of nonirrigated
vegetation greater than 18 inches in height. Vegetation less than 18
inches in height should be maintained in a healthy low-fuel condition
to prevent erosion.
(3) Remove that portion of any tree that extends within 10 feet of
the outlet of any chimney or stovepipe.
(4) Maintain any tree , shrub, or other plant adjacent
to or overhanging any building free of dead or dying wood and
fallen litter within or under the vegetation .
(5) Maintain the roof of any structure free of leaves, needles, or
other dead vegetative growth.
(6) 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
maintain any clearing manage fuels on
any land if that person does not have the legal right to
maintain the clearing manage fuels ,
nor is any a person required to enter
upon or to damage alter property that
is owned by any other person without the consent of the owner of the
property.
SEC. 7. 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 a structure
with exteriors an exterior
constructed entirely of nonflammable materials, or conditioned upon
the contents and composition of the structure, and
the local agency may vary the requirements respecting the
removing or clearing away of flammable vegetation or other
combustible growth with respect to the area management
of fuels surrounding the structures
that structure . In no case shall this
This subdivision be deemed to does not
authorize a local agency to vary any a
requirement that is a building standard subject to Section
18930 of the Health and Safety Code, except as otherwise authorized
by law.
(b) No An exemption or variance
under subdivision (a) shall not apply
unless and until the occupant thereof of the
structure , or if there be no is not an
occupant, then the owner thereof 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 the provisions of Section 51182
are is complied with at all times.
SEC. 8. Section 51189 of the Government Code is amended to read:
51189. (a) The Legislature finds and declares that space
site and structure defensibility is essential
to reduce the risk of structure ignition as well as for
effective fire prevention suppression by
firefighters . This need to establish
defensibility extends beyond the vegetation
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 intrusion by fire
ignition , such as building design and
construction requirements that use fire resistant building materials,
and provide protection of 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 and
, 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 space
site and structure defensibility
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. 9. 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. State Responsibility Area Fire Protection Fees
4140. The Legislature finds and declares all of the following:
(a) The wildland fires experienced in California in 2003 and 2007
and subsequent reports issued by the Governor's Blue Ribbon Fire
Commission and its task force 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.
4140.1. (a) The State of California shall assess a fire
prevention and protection fee on all buildings and structures within
a state responsibility area as follows:
(1) When a building permit is issued, a fee of ____ dollars
($____) shall be collected, comparable to sewer and water connection
fees levied on development.
(2) Annually a fee of ____ dollars ($____) shall be levied upon a
property owner whose property contains a residential building or
structure. The annual fee shall be reduced for property owners whose
residential structure is in compliance with Sections 51175 to 51189,
inclusive, of the Government Code, Section 4291 of this code, and all
related California Building Code provisions.
(b) All fees generated by this annual assessment shall be used to
fund fuels management on public lands, year-round fire inspections of
compliance with state laws relating to fuels management and
establishing defensible space, year-round public education on fire
prevention and emergency response, expansion and coordination of the
local Fire Safe Council program, and cost sharing with private
landowners to remove dead and dying trees that pose a potential
public safety hazard.
SEC. 10. Section 4291 of the Public Resources Code is amended to
read:
4291. (a) A person that
who owns, leases, controls, operates, or maintains a
building or structure in, upon, or adjoining any
a mountainous area, forest-covered lands, brush-covered
lands, grass-covered lands, or any land that is
covered with flammable material, shall at all times do all of the
following:
(a) Maintain around
and adjacent to the building or structure a firebreak made by
removing and clearing away, for a distance of not less than 30 feet
on each side of the building or structure or to the property line,
whichever is nearer, all flammable vegetation or other combustible
growth. (1) Reduce the risk of
ignition by managing all fuel materials on the site surrounding the
structure within a radius of 30 feet or to the property line,
whichever is nearer. Fuel found in vegetation, in manmade objects,
and in connection with improvements attached to the structure shall
be managed by collecting and disposing of combustible matter and by
irrigating all living plants, as required for each
species, to sustain a moisture content that protects the plant from
ignition during exposure to a wildfire front. This
subdivision paragraph does not apply to single
specimens of trees or other vegetation that is well-pruned and
maintained so as to effectively manage fuels and not form a means of
rapidly transmitting fire from other nearby vegetation to any
building or structure or from a structure to other nearby
vegetation .
(b) Maintain around
and adjacent to the building or structure additional fire protection
or firebreak made by removing all brush, flammable vegetation, or
combustible growth that is located within 100 feet from the building
or structure or to the property line or at a greater distance if
required by state law, or local ordinance, rule, or regulation. This
section does not prevent an insurance company that insures a building
or structure from requiring the owner of the building or structure
to maintain a firebreak of more than 100 feet around the building or
structure. Grass and other vegetation located more than 30 feet from
the building or structure and less than 18 inches in height above the
ground may be maintained where necessary to stabilize the soil and
prevent erosion. (2) (A)
Reduce the risk of ignition by managing all fuel
materials surrounding the structure from 30 feet to the property line
or within a radius of 100 feet from the structure. Fuel found in
vegetation, in manmade objects, and in connection with
improvements attached to the structure shall be managed by collecting
and disposing of combustible material and by irrigating all living
plants, as required for each species, to sustain a moisture content
that protects the plant from ignition during exposure to a wildfire
front. This subdivision paragraph
does not apply to single specimens of trees or other vegetation that
is 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 dwelling or structure.
(B) A greater distance than that required under subparagraph (A)
may be required by state law, or local ordinance, rule, or
regulation, or by an insurance company that insures an occupied
dwelling or occupied structure if fire experts determine and provide
findings that additional fuel management distance is necessary to
significantly reduce the risk of transmission of flame or heat
sufficient to ignite the structure.
(C) In areas where water shortages exist, local agencies may
require property owners to reduce irrigation in the 30-foot to
100-foot fuel management area and in order to reduce the transmission
of a flame if the nonirrigated plants ignite, may instead require
sustainable thinning and pruning of nonirrigated vegetation greater
than 18 inches in height. Vegetation less than 18 inches in height
should be maintained in a healthy low-fuel condition to prevent
erosion.
(c)
(3) Remove that portion of any tree that extends within
10 feet of the outlet of a chimney or stovepipe.
(d)
(4) Maintain any tree , shrub, or other plant
adjacent to or overhanging a building free of dead or dying
wood and fallen litter within or under the vegetation .
(e)
(5) Maintain the roof of a structure free of leaves,
needles, or other dead vegetative growth.
(f)
(6) Prior to constructing a new building or structure
or rebuilding a building or structure damaged by a fire in
such 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.
(g)
(b) (1) Except as
provided in Section 18930 of the Health and Safety Code, the director
may adopt regulations exempting structures a
structure with exteriors an exterior
constructed entirely of nonflammable materials, or ,
conditioned upon the contents and composition of same
the structure , he or she
the director may vary the requirements respecting the
removing or clearing away of flammable vegetation or other
combustible growth with respect to the area management
of fuels surrounding those structures
that structure .
No
(2) An exemption or variance
under paragraph (1) shall not apply unless and
until the occupant thereof of the structure
, or if there is not an occupant, the owner thereof
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.
(h)
(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.
(i)
(d) As used in this section, "person" means a private
individual, organization, partnership, limited liability company, or
corporation.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.