BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1241| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1241 Author: Kehoe (D) Amended: 5/29/12 Vote: 21 SENATE NATURAL RESOURCES AND WATER COMM. : 5-2, 3/27/12 AYES: Pavley, Kehoe, Padilla, Simitian, Wolk NOES: La Malfa, Cannella NO VOTE RECORDED: Evans, Fuller SENATE GOVERNANCE & FINANCE COMMITTEE : 7-1, 4/18/12 AYES: Wolk, Dutton, DeSaulnier, Hancock, Hernandez, Kehoe, Liu NOES: Fuller NO VOTE RECORDED: La Malfa SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/24/12 AYES: Kehoe, Alquist, Dutton, Lieu, Price, Steinberg NOES: Walters SUBJECT : Land use: general plan: safety element: fire hazard impacts SOURCE : Author DIGEST : This bill requires 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, and requires cities and counties to make CONTINUED SB 1241 Page 2 certain findings regarding available fire protection and suppression services before approving a tentative map or parcel map. ANALYSIS : 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 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 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, 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 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 CONTINUED SB 1241 Page 3 environmental impact report is needed. OPR is required to review the CEQA guidelines every two years for possible updates. This bill: 1. Requires 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: A. Consideration of guidance given in the OPR's Fire Hazard Planning document. B. Specific information regarding fire hazards. C. 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. 2. Requires a city or county to make the following findings before approving a tentative map or parcel map: A. That the design and location of each lot are consistent with any applicable regulations adopted by the board regarding defensible space requirements. B. That structural fire protection and suppression services will be available for the subdivision. C. That the subdivision meets the regulations regarding road standards for fire equipment, to the extent practicable. 3. Requires 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 CONTINUED SB 1241 Page 4 guidelines. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Senate Appropriations Committee: 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. SUPPORT : (Verified 5/29/12) American Planning Association of California California Fire Chiefs Association California Native Plant Society California Professional Firefighters Endangered Habitats League Fire Districts Association of California Sierra Club, California OPPOSITION : (Verified 5/29/12) Napa County Board of Supervisors Nevada County Board of Supervisors ARGUMENTS IN SUPPORT : The California Fire Chiefs Association and the Fire Districts Association of California support the front-end planning provisions contained in this bill. The California Professional Firefighters encourage the planning discussions that occur at the local level that focus on fire prevention efforts in vulnerable areas before new building sites are approved. This organization contends that the already challenging and risky job of firefighting would be made less difficult while also enhancing the public's safety. The Endangered Habitats League, a southern California conservation group, supports all of the provisions in this bill as measures CONTINUED SB 1241 Page 5 that would help California plan prudently for fire and reduce risks to life, property, and the environment. ARGUMENTS IN OPPOSITION : The Napa County Board of Supervisors opposes this bill and writes, "While the intent of this measure is to ensure public safety, this measure creates substantial new responsibilities for local agencies. Specifically it requires cities and counties to address fire risks for state responsibility areas and very high fire hazard severity zones in general plan updates and subdivision approvals. "General plan updates are time-intensive and expensive. The State provides no funding for local agencies to do this mandated activity, yet continues to add additional requirements on local governments updating their general plans. While this bill creates an additional mandate, it provides not funding, and in fact, explicitly prevents local agencies from recovering costs associated with the new requirement. The State already approved a substantial and burdensome fee on persons living in the State Responsibility Area in order to provide those landowners with fire protection. CTW:nl:do 5/29/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED