BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1241|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
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                                 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 
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          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 

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          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 

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             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 

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          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

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