BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 505 (Kehoe) Hearing Date: 05/28/2009 Amended: 04/21/2009 Amendments Pending Consultant: Brendan McCarthy Policy Vote: EQ 5-2 SB 505 (Kehoe) Page 2 _________________________________________________________________ ____ BILL SUMMARY: SB 505 requires local governments to include additional information relating to fire risk in safety elements of their General Plans. The bill requires CalFire to review proposed safety elements and provide comments to local governments. The bill requires local governments to consult with CalFire under CEQA for specified projects. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2009-10 2010-11 2011-12 Fund Office of Planning and $20 General Research guideline development _________________________________________________________________ ____ STAFF COMMENTS: Suspense file. As proposed to be amended. Under current law, cities and counties are required to adopt General Plans which include several elements, including a safety element. Counties in state responsibility areas (areas where CalFire provides wildland fire protection) and cities and counties that cover areas of high fire hazard severity zones must update the safety element of the General Plan every five years, on a staggered schedule, beginning in 2011. Under the California Environmental Quality Act (CEQA), lead agencies must consult with responsible and trustee agencies (as defined in law) when reviewing projects or other activities that may have environmental impacts. The Office of Planning and Research develops both advisory guidelines for General Plan updates and CEQA guidelines, which have the force of regulation. This bill would require the Department of Forestry and Fire Protection (CalFire) to review safety element updates and provide comments to local governments on the fire-related portions of the safety element update. CalFire estimates that the cost to review and provide comments would be about $2.7 million per year. Staff notes that these costs seem relatively SB 505 (Kehoe) Page 2 high, given that safety element updates are staggered in time. The bill would require that a lead agency, under CEQA, consult with CalFire for projects in state responsibility areas or very high hazard severity zones. CalFire estimates that such consultation will cost about $450,000 per year. In addition, CalFire states that it will be required to update its vegetation maps in order to adequately review safety elements and consult on CEQA issues. The bill also requires the Office of Planning and Research to update advice letters and guidelines with respect to General Plan updates and CEQA guidelines, at a cost of about $20,000. As proposed to be amended by the author, the bill would require local governments to review the safety element of a general plan before 2015 and in conjunction with housing element updates thereafter. CalFire would not be required to review safety elements and would not be required to review CEQA documents.