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 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1241 Author: Kehoe (D) Amended: 6/25/12 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 SENATE FLOOR : 29-9, 5/30/12 AYES: Alquist, Berryhill, Calderon, Cannella, Corbett, De León, DeSaulnier, Dutton, Evans, Hancock, Harman, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Wyland, Yee NOES: Anderson, Blakeslee, Correa, Emmerson, Fuller, Gaines, Huff, La Malfa, Walters NO VOTE RECORDED: Runner, Strickland ASSEMBLY FLOOR : 55-22, 8/23/12 - See last page for vote CONTINUED SB 1241 Page 2 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 certain findings regarding available fire protection and suppression services before approving a tentative map or parcel map. Assembly Amendments extends the operative date in the Senate provision requiring cities and counties to review and update their safety element from January 1, 2013 to January 1, 2014. 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 CONTINUED SB 1241 Page 3 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. This bill: 1. Requires a city or county, when it next revises its housing element on or after January 1, 2014, 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 CONTINUED SB 1241 Page 4 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 guidelines. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes According to the Assembly Appropriations Committee, this bill contains: Ongoing General Fund (GF) cost of approximately $200,000 annually, from 2013-14 through 2018-19, to the Board of Forestry and Fire Protection to review approximately 50 safety element updates annually and to develop recommended changes to them. (CAL FIRE reports it will incur one-time costs of $1.2 million assistance to local governments in the preparation of their safety elements. Such assistance is not explicitly required by this bill. CAL FIRE, however, contends such assistance will be necessary to ensure the bill is implemented effectively.) Onetime GF cost of approximately $150,000 to $200,000, in 2012-13 or later, to OPR to prepare and develop proposed changes or amendments to the CEQA guidelines for the inclusion of questions related to fire hazard impacts for projects on land classified as SRA or as very high fire hazard severity zones. CONTINUED SB 1241 Page 5 SUPPORT : (Verified 8/27/12) 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 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 that would help California plan prudently for fire and reduce risks to life, property, and the environment. ASSEMBLY FLOOR : 55-22, 8/23/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Conway, Donnelly, Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, Harkey, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Valadao, Wagner NO VOTE RECORDED: Bonilla, Cook, Roger Hernández CONTINUED SB 1241 Page 6 CTW:nd 8/27/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED