BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 505
                                                                  Page  1

          Date of Hearing:  July 1, 2009

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                             Anna Marie Caballero, Chair
                      SB 505 (Kehoe) - As Amended:  June 1, 2009

           SENATE VOTE  :  24-15
           
          SUBJECT  :  Local planning: fire hazard impacts.

           SUMMARY  :  Expands the required contents of safety elements that  
          cover state responsibility area lands (SRA) and very high fire  
          hazard severity zones, as specified.  Specifically,  this bill  :    


          1)Requires the Governor's Office of Planning and Research (OPR)  
            to update its "Fire Hazard Planning" document on or before  
            January 1, 2011. 

          2)Requires cities and counties, prior to January 1, 2015, and  
            thereafter upon each revision of the housing element, to  
            review and update their safety elements as needed to address  
            the risk of fire for land classified as SRA and land  
            classified very high fire hazard severity zones.

          3)Requires this review to consider the advice included in the  
            most recent publication of OPR's "Fire Hazard Planning"  
            document. 

          4)Requires that the review also include all of the following:

             a)   Information about fire hazards, including fire hazard  
               severity zone maps, historical data on wildfires,  
               information about wildfire hazard areas available from the  
               U.S. Geological Survey, the general location and  
               distribution of existing and planned development, and  
               public fire protection agencies;

             b)   A set of comprehensive goals, policies, and objectives,  
               including avoiding or minimizing wildfire risks to new  
               development, identifying construction design or methods to  
               minimize damage if new development is located in SRA lands,  
               locating new essential public facilities outside SRA land  
               and very high fire hazard severity zones, and working  
               cooperatively with public fire protection agencies; and,








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             c)   Establishing feasible implementation measures designed  
               to carry out the goals, policies, and objectives. 

          5)Requires OPR, at the next California Environmental Quality Act  
            (CEQA) guidelines update on or after January 1, 2010, to  
            prepare guidelines recommending changes to the initial study  
            checklist for the inclusion of questions related to fire  
            hazard impacts for projects in an SRA or within very high  
            hazard severity zones. 

          6)Requires, after receipt and review, the Natural Resources  
            Agency to certify and adopt the proposed guideline changes.



           EXISTING LAW  :

          1)Requires the director of the Department of Forestry and Fire  
            Protection (CAL FIRE) to identify areas in the state as very  
            high fire hazard severity zones based on consistent statewide  
            criteria and the severity of fire hazard that is expected to  
            prevail in those areas as determined by fuel loading, slope,  
            fire weather, and other relevant factors.

          2)Defines SRAs as areas of the state in which the financial  
            responsibility of preventing and suppressing fires has been  
            determined by the Board of Forestry (Board) to be primarily  
            the responsibility of the state.

          3)Requires the Board to identify as SRAs all lands where the  
            state has the primary financial responsibility for preventing  
            and suppressing fires.

          4)Requires the Board to map SRAs and provide this map to county  
            assessors and update this map every five years.

          5)Excludes from SRAs, federal lands and lands within the  
            exterior boundaries of any city, except a city and county with  
            a population of less than 25,000 if, at the time the city and  
            county government is established, the county contains no  
            municipal corporations.

          6)Requires CAL FIRE, within SRAs, to provide wildland fire  
            prevention and firefighting personnel and equipment, and may  








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            provide rescue, first aid, and other emergency services 
          if the activity does not require additional funds.

          7)Requires the director of CAL FIRE to classify and update or  
            reclassify, if necessary, SRAs into fire hazard severity zones  
            for the purposes of fire prevention and suppression.

          8)Requires local governments to adopt a general plan that  
            includes, among other things, a safety element, and requires a  
            local government with SRAs or a very high fire hazard severity  
            zone to submit a draft safety element to the Board for its  
            review and comment prior to its adoption or amendment.

          9)Requires, under CEQA, lead agencies with the principal  
            responsibility for carrying out or approving a proposed  
            discretionary project to prepare a negative declaration,  
            mitigated declaration, or environmental impact report (EIR)  
            for this action, unless the project is exempt from CEQA (CEQA  
            includes various statutory exemptions, as well as categorical  
            exemptions in the CEQA guidelines). 

          10)Requires, under CEQA, an initial study to be prepared to  
            determine whether a project may have a significant effect on  
            the environment.  

          11)Requires OPR to prepare and develop proposed guidelines to  
            implement CEQA, and submit them to the Secretary of the  
            Natural Resources Agency for certification and adoption. 

          12)Requires OPR to review CEQA guidelines at least every two  
            years and recommend changes or amendments to the Secretary of  
            the Natural Resources Agency for certification and adoption.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)According to the Legislative Analyst's Office (LAO), local  
            land use decisions are responsible for an increasing density  
            of homes in the wildland urban interface (WUI) but the  
            consequences of those decisions - increased fire risk and  
            medical emergencies - are increasingly the responsibility of  
            the state.  In its analysis of the 2008-09 budget, LAO found  
            that CAL FIRE's budget has increased 150% since 1997-98.  One  
            of the cost drivers of CAL FIRE's growing expenditures is  








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            increasing development in the WUI.  Despite the fact that the  
            total acreage in SRAs has remained stable over the last 15  
            years, the number of housing units in SRAs has increased by  
            15% over this period.  Based on 2005 data, LAO reports that  
            there are about 870,000 housing units in SRAs, and the number  
            is increasing at an accelerating pace.

          2)The author's office notes that "it is in the state's best  
            interest to ensure that cities and counties do all they can to  
            engage in comprehensive and consistent fire prevention and  
            fire protection planning as early in the local land use  
            planning process as possible."

          3)Following recent wildfires, there are concerns over reducing  
            loss of lives and property, high costs of fire protection, and  
            addressing those losses and costs through land use planning.  
          SB 505 expands the required contents of safety elements covering  
            SRA lands and very high fire hazard severity zones and also  
            requires OPR to revise CEQA guidelines to change the initial  
            study to address fire hazard impacts.

          4)In their letter of opposition the California State Association  
            of Counties and the Regional Council of Rural Counties state  
            we "understand the author's interest in strengthening existing  
            laws to ensure additional consideration of fire safety issues  
            in the land use planning and development processes.  However,  
            we must oppose the provision of the bill that would have the  
            affect of requiring cities and counties with land designated  
            as SRA and very high fire hazard severity zones, to amend  
            their general plan safety elements to address fire safety  
            issues in a more comprehensive manner.  We are concerned with  
            the potential implementation costs which will be in the  
            thousands of dollars depending on the amount of public  
            outreach, controversy, and environmental review.  The bill  
            indicates that the local agency may levy a fee to pay for the  
            program mandated by this measure.  It is unrealistic to expect  
            cities and counties to recover all of these costs through the  
            imposition of charges, fees, or assessments."

           5)Related legislation  :

             a)   AB 666 (Jones, 2009) would require the legislative body  
               of a county to make three specified findings before  
               approving a tentative map or a parcel map for an area  
               located in an SRA or a very high fire hazard severity zone  








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               as designated by CAL FIRE. This measure is currently in the  
               Senate Local Government Committee.

             b)   SB 1500 (Kehoe, 2008) would have prohibited a county  
               from approving a proposed project, as defined, in an SRA if  
               the Board determines that structural fire protection is a  
               local responsibility and no fire protection services are  
               provided, as specified.  This measure died on the Assembly  
               Floor. 
             c)   AB 2447 (Jones, 2008), almost identical to what is  
               currently in AB 666, was vetoed by Governor Schwarzenegger.  
                However, the veto message references components of  
               previous versions of AB 2447, not the final version that  
               was passed by the Legislature.

          6)This bill is double-referred to the Committee on Natural  
            Resources.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Planning Association of CA
          CA Fire Chiefs Association
          CA Native Plant Society
          CA Professional Firefighters
          Fire Districts Association of CA 
          Green CA
          Mountains Recreation and Conservation Authority
          Orange County Professional Firefighters' Association
          Sierra Club CA
           
            Opposition 
           
          CA State Association of Counties
          Regional Council of Rural Counties

           Analysis Prepared by  :    Katie Kolitsos / L. GOV. / (916)  
          319-3958