BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 1241 (Kehoe) - Land use: general plan: safety element: fire hazard impacts. Amended: May 3, 2012 Policy Vote: NR&W 5-2, Gov&F 7-1 Urgency: No Mandate: Yes Hearing Date: May 24, 2012 Consultant: Marie Liu SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: SB 1241 would require cities and counties to address fire risk in state responsibility areas (SRA) and very high fire hazard severity zones in the safety element of their general plans upon the next revision of the housing element. This bill also requires cities and counties to make certain findings regarding available fire protection and suppression services before approving a tentative map or parcel map. Fiscal Impact: Ongoing costs between $100,000 and $250,000 from the General Fund from 2013-14 through 2018-19, for the Board of Forestry to review safety element updates as required by this bill. One-time costs of $285,000 from the General Fund for 2013-14 for the update of CEQA guidelines. Background: The Board of Forestry (board) is required to identify all lands where the state has the primary financial responsibility for preventing and suppressing fires. These state responsibility areas (SRAs) are generally lands that are (or were, prior to development) largely covered by trees, brush, and grass and other undeveloped lands. All other lands are primarily the financial responsibility of local (local responsibility areas, LRAs) or federal agencies. The director of the California Department of Forestry and Fire (CDF) is required identify fire hazard severity zones in LRAs, although a local agency has discretion to alter these zones for more effective fire protection. Every city and county must adopt a general plan with seven required elements on land use, circulation, housing, SB 1241 (Kehoe) Page 1 conservation, open space, noise, and safety. The purpose of the general plan is to guide all major land use decisions, which are required to be consistent with the plan. Existing law requires the housing element to be updated on a specific schedule, depending on geographic location. Existing law also requires local agencies to submit the safety element of their general plan to the Board of Forestry (board) for review. The board may offer recommendations for changes regarding the use of SRA or very high fire hazard severity zone lands in order to protect life, property, and natural resources from unreasonable wildland fire risks. The local agency must consider the board's recommendations but they are not required to adopt them. The Subdivision Map Act regulates how local officials approve the conversion of larger parcels into marketable lots. Subdivisions of more than four lots require a city or county to adopt a tentative map while smaller subdivisions usually require a parcel map. The Office of Planning and Research (OPR) develops guidelines for the implementation of the California Environmental Quality Act ("CEQA Guidelines"), including the criteria lead agencies us to determine whether an environmental impact report is needed. OPR is required to review the CEQA guidelines every two years for possible updates. Proposed Law: This bill would require a city or county, when it next revises its housing element, to also update the safety element to address the risk for fire on lands classified as SRA or very high fire hazard severity zones. The update must include: Consideration of guidance given in the Office of Planning and Research's (OPR's) Fire Hazard Planning document, Specific information regarding fire hazards, and A set of goals, policies, and objectives to protect the community from unreasonable wildfire risks and a set of feasible implementation measures to achieve these goals, policies, and objectives. This bill would also require a city or county to make the following findings before approving a tentative map or parcel map: That the design and location of each lot are consistent with any applicable regulations adopted by the board regarding SB 1241 (Kehoe) Page 2 defensible space requirements, That structural fire protection and suppression services will be available for the subdivision, and That the subdivision meets the regulations regarding road standards for fire equipment, to the extent practicable. This bill would also require OPR, as part of its next review of CEQA guidelines, to cooperate with CDF in recommending changes to the CEQA guidelines regarding fire hazard impacts on lands classified as SRA and very high fire hazard severity zones. These recommendations shall be reviewed by the Secretary of the Natural Resources Agency, and if certified, incorporated into the CEQA guidelines. This bill would also require OPR to update its Fire Hazard Planning document by January 1, 2014. Related Legislation: The provisions that require a city or county to update its safety element to address fire risks are very similar to SB 1207 (Kehoe) 2010 and SB 505 (Kehoe) 2009, both of which were vetoed by Governor Schwarzenegger citing cost concerns. Staff Comments: Regarding the provisions requiring a city or county to update its safety element to incorporate fire risks and to make certain findings before approving a tentative or parcel map: These provisions impose an additional costs on local governments and thereby create a mandate. However, because local governments have existing authority to charge fees to support their planning activities, this bill contains language declaring that this mandate is not reimbursable. By requiring all safety elements to be updated, this bill dramatically increases the amount of safety elements that must be reviewed by the board over the course of the next five years. Currently CDF reviews about 6-10 safety element updates a year. This bill would increase the number of reviews to approximately 50 per year for the next five years as safety element updates are phased in (assuming about 250 counties and cities will have either SRA or very high fire severity zones in their jurisdiction). CDF estimates that the board will need additional staff to complete this review at a cost between $100,000 and $250,000 annually. SB 1241 (Kehoe) Page 3 Regarding the provisions requiring OPR to work with CDF to update its CEQA guidelines in respect to fire hazard impacts: OPR estimates that the CEQA guideline update will cost OPR approximately $100,000 and CDF estimates a minimum cost of $185,000 for a total of $285,000. CDF's fiscal estimate for this bill also includes $1.4 million to provide local agencies with assistance in updating their safety elements. Staff notes that while the board is responsible for reviewing the proposed updated safety elements, the bill does not require CDF to provide assistance in preparing the update. As this is not a required duty, staff believes this is not a cost attributable to this bill. Regarding the provisions requiring OPR to update its Fire Hazard Planning document: OPR estimates that it will cost approximately $50,000 to update this document. Proposed Author Amendments: Delete the requirement for OPR to update its Fire Hazard Planning document.