BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 666 (Jones) Hearing Date: 08/27/2009 Amended: 06/01/2009 Consultant: Mark McKenzie Policy Vote: L Gov 3-2 _________________________________________________________________ ____ BILL SUMMARY: AB 666 would require a county's governing body to make the following findings prior to approving a tentative subdivision map or parcel map if the proposed development is in a state responsibility area (SRA) or a very high fire hazard severity zone (VHFHSZ): The subdivision, and each lot therein is consistent with regulations adopted by the State Board of Forestry and Fire Protection (BOF) relative to minimum fire safety standards in an SRA and fuels management around structures. Structural fire protection and suppression services are available for the subdivision through a local fire protection service or through a contract with the state Department of Forestry and Fire Protection (CalFIRE). There is adequate ingress and egress for the subdivision, as specified in BOF regulations regarding road standards for fire suppression equipment access. This bill would also require BOF to initiate a rulemaking process by January 1, 2011 to consider adopting regulations requiring two separate access roads for a subdivision in an SRA or VHFHSZ. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund BOF rulemaking/regulations up to $125 $125 General Fire protection verification potential moderate costs to review proposals Local for development in areas under contract with CalFIRE, reimbursed by locals through contracts. _________________________________________________________________ ____ STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Existing law requires the California Department of Forestry and Fire Protection (CalFIRE) to provide fire protection on lands that are deemed to be in the "state responsibility area." SRAs are generally lands that are largely covered by trees, brush, and grass and other undeveloped lands, but do not include federally owned or controlled land, or land within a city. Existing law requires CalFIRE to identify areas in the state that are very high fire hazard severity zones, based on fuel loading, slope, fire weather, and other relevant factors. CalFIRE is also required to revise its SRA designations every five years. Even though state law does not require local governments to provide fire protection within SRAs, in practice they have assumed the responsibility for structure protection and basic medical assistance. According to the LAO, about 70% of SRA land is covered by some form of local fire protection. Page 2 AB 666 (Jones) The Subdivision Map Act requires local officials to deny a proposed tentative map or parcel map that is not consistent with the local general plan. AB 666 takes an approach to approving development pursuant to the Map Act in areas of high fire risk somewhat similar to that taken by SB 221 (Kuehl), Chapter 642 of 2001, which requires proof of adequate water supply prior to map approval, and by SB 5 (Machado), Chapter 364 of 2007, which prohibits map approval for specified flood-prone areas unless the city or county makes findings concerning the adequacy of flood protection for the area. According to the Legislative Analyst's Office Analysis of the 2008-2009 Budget Bill, the state has experienced significant housing development over the last several decades at the boundary between wildlands and urban areas, known as the wildland urban interface. Despite the fact that the total acreage in SRA has remained stable over the last 15 years, the number of housing units in SRA has increased by 15% over this period, even though CalFIRE is required to remove property from an SRA every five years if there are more than three units per acre. Based on 2005 data, the LAO reports there are about 870,000 housing units in SRAs and the trend is upward. This bill would limit development in SRAs, unless adequate fire protection conditions are met. AB 666 would require BOF to initiate a rulemaking process by January 2, 2011 to consider adopting a regulation requiring two separate access roads to a subdivision in an SRA or VHFHSZ. If adopted, such a rule would require at least two access roads based at the least upon the geographical and topographical characteristics of a subdivision, the feasibility of providing two access roads, ownership patterns, the ability of future phases to provide access, and the predominant known wind patterns. Staff notes that the bill does not require the adoption of regulations by a time certain, but instead requires BOF to initiate a rulemaking process to consider the adoption of specified regulations within a year. BOF indicates that total costs to complete the regulatory process would be in the range of $300,000. Of this amount, $165,000 would be for contract work associated with developing the regulations for which the department indicates that expertise is not available from current staff. However, staff notes that BOF has already developed regulations on provision of access for fire suppression vehicles. It is unclear what other expertise would be required. The remaining $135,000 would be for staff work related to the rulemaking and adoption of regulations through processes required under the Administrative Procedures Act. CalFIRE also estimates a need for up to $1 million General Fund annually to handle any increased workload to the Department. CalFIRE indicates a concern that local governments would request their expertise if there needs to be a determination of sufficient fire protection in areas under contract. There is a further concern that this bill would result in an increase in requests to provide contract fire protection services. Staff notes that the bill does not appear to require the workload anticipated by CalFIRE and costs for services in areas under contract would be reimbursed by local agencies requesting those services, and should not be attributable to the General Fund. PROPOSED AMENDMENTS would narrow which specified CalFIRE contracts qualify as adequate fire protection, and clarify that bill's requirements would not supercede more stringent regulations established by BOF or by local ordinance.