BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 505
                                                                  Page 1

          Date of Hearing:  July 6, 2009

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Nancy Skinner, Chair
                      SB 505 (Kehoe) - As Amended:  June 1, 2009

           SENATE VOTE :  24-15
           
          SUBJECT  :  Local planning: fire hazards:  California  
          Environmental Quality Act (CEQA) guidelines

           SUMMARY :  Requires a local government located in areas at risk  
          of wildfire to consider, by January 1, 2015, specified wildfire  
          hazard and risks in its review of the safety element of its  
          General Plan.  Requires the Office of Planning and Research  
          (OPR) to update a fire planning report and propose changes to  
          CEQA guidelines pertaining to fire risks.  Requires the Natural  
          Resources Agency (NRA) to adopt these changes.

           EXISTING LAW  :

          1)Requires the Board of Forestry and Fire Protection (Board) to  
            identify all lands, or state responsibility areas (SRAs) where  
            the state has the primary financial responsibility for  
            preventing and suppressing fires.  Fire prevention and  
            suppression in areas not classified as SRAs are the  
            responsibility of local agencies or the federal government.   
            The board is required to map SRAs every five years.

          2)Requires California Department of Forestry and Fire Protection  
            (CDF) to classify and update or reclassify, if necessary, SRAs  
            into fire hazard severity zones for the purposes of fire  
            prevention and suppression.  Within local responsibility  
            areas, CDF must identify "very high fire hazard severity  
            (VHFHS) zones."  Both zones must be based on factors including  
            fuel loading, slope, and fire weather.

          3)Pursuant to CEQA, requires lead agencies to prepare an EIR for  
            a discretionary project if an initial study shows that it may  
            have a significant effect on the environment.   Requires OPR  
            to prepare guidelines to implement CEQA and to recommend  
            changes to the guidelines and NRA to certify and adopt these  
            changes at least once every two years.

          4)Requires local governments to adopt a general plan that  








                                                                  SB 505
                                                                  Page 2

            includes, among other things, a safety element.  Prior to the  
            adoption or amendment of this element, a local government with  
            SRAs or a VHFHS zone must submit a draft element to the Board  
            and local fire agencies for review and comment.

           THIS BILL  :

          1)Requires OPR, on or before January 1, 2011, to update its  
            "Fire Hazard Planning" document.

          2)Requires, prior to January 1, 2015, and thereafter upon each  
            revision of a housing element, a safety element to be reviewed  
            and updated as needed to address the fire risks on SRA lands  
            and land classified as VHFHS zones.  This review must consider  
            information the "Fire Hazard Planning" document and include  
            all of the following:

             a)   Information regarding fire hazards, including, but not  
               limited to fire hazard severity zone maps, historical data  
               on wildfires, and information about wildfire hazard areas  
               that may be available from the United States Geological  
               Survey.

             b)   General location and distribution of existing and  
               planned development in VHFHS zones, including structures,  
               roads, utilities, and essential public facilities.

             c)   Local, state, and federal agencies with responsibility  
               for fire protection, including special districts and local  
               offices of emergency services.

             d)   Goals, policies, and objectives for the protection of  
               the community from the unreasonable risk of wildfire,  
               including, but not limited to, all of the following:

               i)     Avoiding or minimizing the unreasonable risks of  
                 wildfire to new development.
               ii)    Identifying construction design or methods,  
                 including fire resistive construction materials, fuels  
                 management methods, or other methods, to minimize damage  
                 if new development is located in a state responsibility  
                 area or in a VHFHS zone.
               iii)   Locating, when feasible, new essential public  
                 facilities outside of high fire risk areas, or  
                 identifying construction methods or other methods to  








                                                                  SB 505
                                                                  Page 3

                 minimize damage if these facilities are located in a SRA  
                 or VHFHS zone.
               iv)    Working cooperatively with public agencies with  
                 responsibility for fire protection.

             e)   Establish a set of feasible implementation measures  
               designed to carry out the above goals, policies, and  
               objectives.

          3)Imposes a 60 day deadline for the Board to review a draft or  
            existing safety element.

          4)Directs OPR, in cooperation with CDF, on or after January 1,  
            2010, at the time of the next review of the CEQA guidelines to  
            prepare, develop, and transmit to NRA recommended changes to  
            the guidelines regarding fire hazard impacts.  NRA must  
            certify and adopt the recommended changes or amendments.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, $20,000 to OPR to update CEQA guidelines.

           COMMENTS  :  According to the author's office, given the  
          devastating wildfires the state has recently experienced, the  
          significant increase in development in the wildfire-urban  
          interface, and the doubling of fire risk over the next several  
          decades projected by climate change scientists, "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 for projects in SRAs and  
          [VHFHS] zones."

           1)Background  :  SRAs primarily consist of privately owned  
            forestlands, watersheds, and rangelands.  According to the  
            Legislative Analyst's Office (LAO), roughly one-third of the  
            state or 31 million acres is within SRAa.  SRAs lands are  
            found in every county expect San Francisco and Sutter  
            Counties.  CDF removes lands from SRAs, every five years, when  
            housing density reaches more than three units per acre.
            CDF's role in SRAs is to prevent and suppress wildland fires.   
            However, CDF is also authorized, but not required, to provide  
            rescue, first aid, and other emergency services if the  
            activity does not require additional funds.  Moreover, it is  
            the Board's policy to respond to a structure fire if it  
            presents a threat to wildlands.  Even though state law does  








                                                                  SB 505
                                                                  Page 4

            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 percent of SRAs are covered by  
            some form of local fire protection, funded by property taxes  
            or special assessments.

            In 2006, while a vast majority of incidents CDF responded to  
            in SRAs were non-fire medical emergencies, CDF spent about 75  
            percent of its time fighting wildland fires, 95 percent of  
            which, according to CDF, were caused by humans.  In its  
            analysis of the 2008-09 budget, the LAO found that CDF's  
            budget has increased 150% since 1997-98.  One of the cost  
            drivers is increasing development in 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.  Based on  
            2005 data, the LAO reports there are about 870,000 housing  
            units in SRAs and the trend is upward.

           2)Preventing fires through better planning  : By relying strictly  
            on planning as a means to minimize the hazards of wildfire,  
            this bill takes a different approach than last year's SB 1500  
            (Kehoe), which prohibited a county from approving development  
            on SRA lands unless it provided sufficient structural fire  
            protection, but is intended to lead to a similar outcome:  
            avoiding and minimizing the impacts of wildfire on life and  
            property.

            This bill requires a safety element of a General Plan to be  
            reviewed and updated, by January 1, 2015, as needed to  
            consider updated fire planning advice published by OPR and  
            information such as the location of historical fires, existing  
            and planned development in fire hazard zones, and agencies  
            responsible for fire protection.  It relies on a similar  
            planning approach contained in AB 162 (Wolk), Chapter 369,  
            Statutes of 2007, which required more comprehensive flood  
            hazard planning through a three-pronged approach of hazard  
            identification, the development of appropriate goals,  
            policies, and objectives to minimize flood risks, and feasible  
            measures to implement the above.

            Local governments containing SRAs or within a VHFHS zone are  
            currently required to submit the safety element of their  
            General Plan to the Board and local fire agencies for review  








                                                                  SB 505
                                                                  Page 5

            and comment (submission deadlines vary but by December 31,  
            2015, all local governments must submit their elements to the  
            Board).  The Board reviews about 20 such elements a year but  
            given resource constraints it can only conduct a cursory  
            review using a standard template.  This review encompasses  
            many of the same issues required by this bill.  However,  
            without additional resources, expanding the issues to be  
            included or reviewed in a safety element would undoubtedly  
            further constrain the ability of the Board to conduct  
            meaningful reviews.

            One of the issues a planning agency must consider in reviewing  
            its safety element is "avoiding or minimizing the unreasonable  
            risks of wildfire to new development." Since the bill doesn't  
            define "unreasonable" one could deduce that it is a risk that  
            is not "reasonable" but the bill doesn't define this term  
            either.  Instead of "risk," CDF refers to threats to fire  
            safety as "hazards," which are "based on the physical  
            conditions that create a likelihood that an area will burn  
            over a 30 to 50-year period?" Reducing hazards such as  
            overgrown vegetation, insufficient defensible space, flammable  
            building materials, and lack of appropriate road access are  
            measures that planners and fire managers have actual control  
            over as opposed to risk, which includes an element of  
            probability outside their control.  Thus,  the committee and  
            author may wish to consider  amending the bill to replace the  
            term "unreasonable risk" with "hazard" throughout the bill.

           3)Fire hazards may be a significant impact  : CEQA requires lead  
            agencies to prepare an EIR for a discretionary project if an  
            initial study shows that it may have a significant effect on  
            the environment.  The initial study contains questions that  
            help a planner determine the significance of a project's  
            potential impact on the environment, including a project's  
            wildland fire risks to people or structures.  This bill would  
            require OPR, on or after January 1, 2010, to propose  
            additional questions regarding a project's potential fire  
            hazards impacts on SRAs or VHFH severity zones, and directs  
            NRA to adopt these proposed changes as part of the CEQA  
            guidelines.  In doing so, the bill may effectively create a  
            new category or subset of environmental impact, the  
            significance of which may trigger the preparation of an EIR.

           4)Technical amendments  :  Page 9, lines 4-12 should be amended to  
            read:








                                                                  SB 505
                                                                  Page 6


            (g)(2)(C)(3): Prior to January 1, 2015, and thereafter upon  
            each revision of the housing element made pursuant to Section  
            65588, the safety element shall be reviewed and updated as  
             needed   necessary  to address the risk of fire for land  
            classified as state responsibility areas, as defined in  
            Section 4102 of the Public Resources Code, and land classified  
            as very high fire hazard severity zones, as defined in Section  
            51177.

            Page 9, lines 39-40, and page 10, lines 1-3 should be amended  
          to read:

            Identifying construction design or methods, including fire  
            resistive construction materials, fuels management methods, or  
            other methods, to minimize  damage   the potential for ignition  
            or spread of a structure fire to wildlands or surrounding  
            areas  if new development is located in a state responsibility  
            area or in a very high fire hazard severity zone.

            Page 12, lines 29-38 should be amended to clarify a  
          duplicative and conflicting requirement:

            (3) The State Board of Forestry and Fire Protection shall, and  
            a local agency may, review the draft or an existing safety  
            element and  recommend changes to the planning agency   report  
            its written recommendations to the planning agency  within 60  
            days of its receipt  of the draft or existing safety element.  
            The State Board of Forestry and Fire Protection and the local  
            agency shall review the draft or existing safety element  
            within 60 days of its receipt and may offer written  
            recommendations for changes to the draft or existing safety  
            element  regarding both of the following:

            (A) Uses of land and policies in state responsibility areas  
            and very high fire hazard severity zones that will protect  
            life, property, and natural resources from unreasonable risks  
            associated with wildland fires.
            (B) Methods and strategies for wildland fire risk reduction  
            and prevention within state responsibility areas and very high  
            hazard severity zones.  

          5)Dual-referral  :  On July 1, 2009, the Assembly Local Government  
            Committee approved this bill, 5-0.
           REGISTERED SUPPORT / OPPOSITION  :








                                                                  SB 505
                                                                  Page 7


           Support 
           
          California Fire Chiefs Association
          California Fire District Association of California
          California Professional Firefighters
          Sierra Club California
          Orange County Professional Firefighters Association, IAFF Local  
          3631
          Mountain Recreation and Conservation Authority
          California Native Plant Society
           
            Opposition 
           
          California State Association of Counties
          Regional Council of Rural Counties

           
          Analysis Prepared by  :  Dan Chia / NAT. RES. / (916) 319-2092