BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
666 (Jones)
Hearing Date: 08/27/2009 Amended: 06/01/2009
Consultant: Mark McKenzie Policy Vote: L Gov 3-2
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BILL SUMMARY: AB 666 would require a county's governing body to
make the following findings prior to approving a tentative
subdivision map or parcel map if the proposed development is in
a state responsibility area (SRA) or a very high fire hazard
severity zone (VHFHSZ):
The subdivision, and each lot therein is consistent with
regulations adopted by the State Board of Forestry and Fire
Protection (BOF) relative to minimum fire safety standards in
an SRA and fuels management around structures.
Structural fire protection and suppression services are
available for the subdivision through a local fire protection
service or through a contract with the state Department of
Forestry and Fire Protection (CalFIRE).
There is adequate ingress and egress for the subdivision, as
specified in BOF regulations regarding road standards for fire
suppression equipment access.
This bill would also require BOF to initiate a rulemaking
process by January 1, 2011 to consider adopting regulations
requiring two separate access roads for a subdivision in an SRA
or VHFHSZ.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
BOF rulemaking/regulations up to $125 $125 General
Fire protection verification potential moderate costs to
review proposals Local
for development in areas under contract
with
CalFIRE, reimbursed by locals through
contracts.
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STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Existing law requires the California Department of Forestry and
Fire Protection (CalFIRE) to provide fire protection on lands
that are deemed to be in the "state responsibility area." SRAs
are generally lands that are largely covered by trees, brush,
and grass and other undeveloped lands, but do not include
federally owned or controlled land, or land within a city.
Existing law requires CalFIRE to identify areas in the state
that are very high fire hazard severity zones, based on fuel
loading, slope, fire weather, and other relevant factors.
CalFIRE is also required to revise its SRA designations every
five years. Even though state law does 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%
of SRA land is covered by some form of local fire protection.
Page 2
AB 666 (Jones)
The Subdivision Map Act requires local officials to deny a
proposed tentative map or parcel map that is not consistent with
the local general plan. AB 666 takes an approach to approving
development pursuant to the Map Act in areas of high fire risk
somewhat similar to that taken by SB 221 (Kuehl), Chapter 642 of
2001, which requires proof of adequate water supply prior to map
approval, and by SB 5 (Machado), Chapter 364 of 2007, which
prohibits map approval for specified flood-prone areas unless
the city or county makes findings concerning the adequacy of
flood protection for the area.
According to the Legislative Analyst's Office Analysis of the
2008-2009 Budget Bill, the state has experienced significant
housing development over the last several decades at the
boundary between wildlands and urban areas, known as 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, even though CalFIRE is required to remove property from
an SRA every five years if there are more than three units per
acre. Based on 2005 data, the LAO reports there are about
870,000 housing units in SRAs and the trend is upward. This
bill would limit development in SRAs, unless adequate fire
protection conditions are met.
AB 666 would require BOF to initiate a rulemaking process by
January 2, 2011 to consider adopting a regulation requiring two
separate access roads to a subdivision in an SRA or VHFHSZ. If
adopted, such a rule would require at least two access roads
based at the least upon the geographical and topographical
characteristics of a subdivision, the feasibility of providing
two access roads, ownership patterns, the ability of future
phases to provide access, and the predominant known wind
patterns. Staff notes that the bill does not require the
adoption of regulations by a time certain, but instead requires
BOF to initiate a rulemaking process to consider the adoption of
specified regulations within a year. BOF indicates that total
costs to complete the regulatory process would be in the range
of $300,000. Of this amount, $165,000 would be for contract
work associated with developing the regulations for which the
department indicates that expertise is not available from
current staff. However, staff notes that BOF has already
developed regulations on provision of access for fire
suppression vehicles. It is unclear what other expertise would
be required. The remaining $135,000 would be for staff work
related to the rulemaking and adoption of regulations through
processes required under the Administrative Procedures Act.
CalFIRE also estimates a need for up to $1 million General Fund
annually to handle any increased workload to the Department.
CalFIRE indicates a concern that local governments would request
their expertise if there needs to be a determination of
sufficient fire protection in areas under contract. There is a
further concern that this bill would result in an increase in
requests to provide contract fire protection services. Staff
notes that the bill does not appear to require the workload
anticipated by CalFIRE and costs for services in areas under
contract would be reimbursed by local agencies requesting those
services, and should not be attributable to the General Fund.
PROPOSED AMENDMENTS would narrow which specified CalFIRE
contracts qualify as adequate fire protection, and clarify that
bill's requirements would not supercede more stringent
regulations established by BOF or by local ordinance.