BILL NUMBER: AB 2301	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Logue

                        FEBRUARY 18, 2010

   An act to add Section 4291.5 to the Public Resources Code,
relating to fire protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2301, as amended, Logue.  Fire protection: public lands:
defensible space.
   Existing law requires a person who owns, leases, controls,
operates, or maintains an occupied dwelling or occupied structure in,
upon, or adjoining a mountainous area, forest-covered land,
brush-covered land, grass-covered land, or land that is covered with
flammable material that is within a very high fire hazard severity
zone, as designated by a local agency, to maintain a defensible space
of 100 feet from each side and from the front and rear of the
structure. Existing law requires a person who owns, leases, controls,
operates, or maintains a building or structure in, upon, or
adjoining a mountainous area, forest-covered land, brush-covered
land, grass-covered land, or land that is covered with flammable
material, within a state responsibility area, to maintain a
defensible space of 100 feet from each side and from the front and
rear of the structure. An insurance company that insures an occupied
dwelling or occupied structure is authorized to require a greater
distance, but this greater distance is prohibited from extending
beyond the property line unless allowed by state law or a local
ordinance, rule, or regulation.
   This bill would  require   authorize  a
state public lands management agency, as defined, to establish a
discretionary permitting or approval process containing specified
elements, to consider an application from a person to maintain
defensible space on state public lands if that person's defensible
space requirement encroaches onto state public lands. The bill would
authorize a state public lands management agency to impose conditions
or limitations on maintenance of defensible space or that minimize
any other adverse impact to the environment.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4291.5 is added to the Public Resources Code,
to read:
   4291.5.  (a) For the purposes of this section, the following terms
shall apply:
   (1) "Qualified organization" means a homeowners association, fire
safe council, or other bona fide organization dedicated to fire
protection and prevention, as determined by a state public lands
management agency.
   (2) "State public lands" means lands owned in fee title by a state
public lands management agency.
   (3) "State public lands management agency" means the Department of
Forestry and Fire Protection, Department of Parks and Recreation,
State Lands Commission, Department of Transportation,  or
 Department of Water Resources  , or any of the state's
land co   nservancies  .
   (b) Consistent with Section 51184 of the Government Code, a state
public lands management agency  shall   may
 establish a discretionary permitting and approval process to
consider an application from a person subject to subdivision (a) of
Section 51182 of the Government Code or Section 4291 to maintain
defensible space on state public lands if that person's defensible
space requirement encroaches onto state public lands.
   (c) The permitting or approval process shall include, but not be
limited to, both of the following elements:
   (1) A publicly available application posted on the agency's
Internet Web site. The agency may require that reasonable information
be submitted with the application.
   (2) Timelines for the review and consideration of the application.
At a minimum, an agency shall determine whether an application is
complete within 30 calendar days of receipt. Once deemed complete, an
agency shall consider and act on the application within 45 days.
   (d) A qualified organization acting on behalf of more than one
person subject to subdivision (a) of Section 51182 of the Government
Code or Section 4291 may apply for approval.
   (e) The maintenance of the defensible space shall comply with
defensible space guidelines adopted by the State Board of Forestry
and Fire Protection or the Department of Parks and Recreation, and
Section 51184 of the Government Code.
   (f) A state public lands management agency may require an
applicant pursuant to subdivision (b) to maintain liability or other
insurance or bonding in a form and amount determined by the agency.
The agency shall require an applicant to indemnify the state from any
and all actions or claims filed against the state as a direct or
indirect result of the issuance of a permit or approval.
   (g) A state lands management agency may impose conditions or
limitations on the maintenance of defensible space pursuant to
Section 51184 of the Government Code or subdivision (i) of Section
15304 of Title 14 of the California Code of Regulations or that
minimize any other adverse impact to the environment, including, but
not limited to, wildlife habitat, water quality, and sensitive
species.
   (h) In its review and consideration of an application pursuant to
subdivision (b), a state public lands management agency may consider
other flame ignition or flammability risk factors  ,  such
as fuel loading, slope, and the building materials of a structure or
dwelling, and the extent to which these factors may, individually or
cumulatively, present greater risks than vegetation or fuel on
adjacent state public lands.