BILL ANALYSIS
AB 2301
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Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2301 (Logue) - As Amended: April 27, 2010
Policy Committee: Natural
ResourcesVote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires each "state public land agency" to establish
a permitting process to potentially allow right of entry on to
public lands to a person seeking to maintain defensible space
around that person's property. Specifically, this bill:
1)Defines a "state public land agency" as the Department of
Forestry and Fire Protection, Department of Parks and
Recreation, State Lands Commission, Department of
Transportation, or Department of Water Resources.
2)Allows a state public lands management agency to require an
applicant to maintain insurance in a form and amount
determined by the agency and directs the agency to require an
applicant to indemnify the state from claims against the state
as a direct or indirect result of the issuance of a
right-of-entry permit.
FISCAL EFFECT
1)One-time costs to Department of Forestry and Fire Protection,
Department of Parks and Recreation, State Lands Commission,
Department of Transportation, and Department of Water
Resources to develop a permitting process as directed by this
bill. Collectively, the cost of this development work may
exceed $180,000 dollars (various special funds).
2)Ongoing costs of a minor amount, likely less than $150,000
yearly, to each of the state public land agencies, and
recoverable through fees paid by the permitees, to evaluate
permit requests from individual landowners, issue permits,
AB 2301
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request liability waivers, verify insurance, and monitor
vegetation management work (various special funds).
COMMENTS
1)Rationale . The author contends it critical to fire safety
that residents be permitted to cross on to state lands to
perform key fire prevention tasks. This bill was
substantially amended in policy committee to provide a
permitting system that would, at the permitting agency's
discretion, allow right of entry on public land to maintain
permissible space.
2)Background . Existing law generally requires a person who
owns, leases, controls, operates, or maintains an occupied
dwelling or structure in, upon, or adjoining any mountainous
area or land covered in forests, brush, grass, or any land
covered with flammable material to maintain defensible space
of 100 feet from each side of a structure but not beyond the
property line. Law also allows an insurance company that
insures an occupied structure to require defensible space
greater than a 100 feet perimeter if a fire expert, designated
by an applicable fire official, finds that such a clearing is
necessary to significantly reduce the risk of transmission of
flame or heat sufficient to ignite the structure, and there is
no other feasible mitigation possible to reduce the risk of
ignition or spread of wildfire to the structure. The greater
distance may not be beyond the property line unless authorized
by state or local laws.
3)Support . As introduced, this bill was supported by the
Regional Council of Rural Counties (RCRC).
4)Opposition . As introduced, this bill was opposed by several
conservation and environmental organizations. It is unclear
whether these groups remain opposed to the bill, which was
substantially amended in policy committee.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081