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.