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 asneedednecessary 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 minimizedamagethe 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 agencyreport its written recommendations to the planning agencywithin 60 days of its receiptof 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 elementregarding 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