BILL ANALYSIS
SB 1207
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1207
AUTHOR: Kehoe
AMENDED: March 24, 2010
FISCAL: Yes HEARING DATE: April 19, 2010
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : FIRE HAZARD IMPACTS
SUMMARY :
Existing law :
1) Under Protection of Forest, Range and Forage Lands Law,
requires the State Board of Forestry and Fire Protection
(SBFFP) to classify lands where the financial
responsibility of preventing and suppressing fires is
primarily a state responsibility (i.e., state
responsibility areas (SRAs)). SRAs include lands covered
by trees producing or capable of producing forest products.
SRAs cannot include federal owned or controlled land, or
land within a city.
2) Requires the Director of Forestry and Fire Protection to
identify areas in the state as very high fire hazard
severity zones based on consistent statewide criteria and
based on the severity of fire hazard expected in those
areas.
3) Under Planning and Zoning Law, requires cities and counties
to adopt a general plan that includes seven mandated
elements (land use, circulation, housing, conservation,
open space, noise, safety). The draft safety element or
safety element amendment must be submitted to the SBFFP and
to every local agency that provides fire protection in the
city or county. The SBFFP and a local agency may review
the draft and report written recommendations to the
planning agency regarding certain matters.
4) Under the California Environmental Quality Act (CEQA),
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requires lead agencies with the principal responsibility
for carrying out or approving a proposed discretionary
project to prepare a negative declaration, mitigated
declaration, or environmental impact report (EIR) for this
action, unless the project is exempt from CEQA (CEQA
includes various statutory exemptions, as well as
categorical exemptions in the CEQA guidelines). An initial
study is prepared to determine whether a project may have a
significant effect on the environment. The Office of
Planning and Research (OPR) must prepare and develop
proposed guidelines to implement CEQA, and submit them to
the Secretary of the Resources Agency for certification and
adoption. OPR must review the guidelines at least every
two years and recommend changes or amendments to the
Secretary for certification and adoption.
This bill :
1) Under Planning and Zoning Law:
a) Requires the general plan safety element to be
reviewed and updated prior to January 1, 2015, and upon
each revision of the housing element after that date, to
address risk of fire for lands in SRAs and very high
fire hazard severity zones. This review must consider
the advice of the "Fire Hazard Planning" document
prepared by OPR, and subsequent revisions. OPR must
update this document before January 1, 2012.
b) Requires the safety element to include certain
matters (e.g., fire hazard information; goals, policies,
and objectives based on this information for protecting
the community from unreasonable fire risk; set of
feasible implementation measures designed to carry out
the goals, policies, and objectives).
c) Requires the SBFFP and a local agency to recommend
changes to the planning agency, rather than report
written recommendations.
2) Under CEQA, requires OPR, at the next CEQA guidelines
update on or after January 1, 2011, to prepare guidelines
recommending changes to the initial study checklist for the
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inclusion of questions related to fire hazard impacts for
projects in SRAs or within very high hazard severity zones.
After receipt and review, the Natural Resources Agency
must certify and adopt the guidelines.
COMMENTS :
1) Purpose of Bill . According to the author, "In 2005, the
Legislative Analyst's Office (LAO) reported that there are
31 million acres in [SRAs] and that local land use
decisions are responsible for the increased density of
homes in the wildland-urban interface. According to fire
experts, residential density and human activities in the
wildland-urban interface increase fire risk, with costs
borne at all levels of government. According to the LAO,
as of 2005, CAL FIRE's annual budget has increased 150%
since 1997-98. According to an April 2009 Climate Action
Team report, global warming is more severe than scientists
previously thought and the number of wildfires are expected
to double over the next several decades. California's
ongoing drought condition adds to increased fire risk for
structures located in SRAs and high hazard severity zones,
which means the fiscal impact to the state budget to fight
wildland fires will also increase."
The author notes that "It is in the state's best interest to
ensure that cities and counties do all they can to engage
in comprehensive and consistent fire prevention and fire
protection planning as early in the local land use planning
process as possible for projects in SRAs and very high fire
hazard severity zones."
The author notes in response to these concerns, that SB 1207:
a) requires OPR to update its November 2003 "Fire Hazard
Planning" document; b) requires the safety element to
consider the most current version of that document prior to
January 1, 2015, and at each update of the housing element
after that date, and to require the safety element to
include additional fire hazard measures for certain areas;
and c) requires OPR to recommend changes to the CEQA
Initial Study Checklist to include questions relating to
fire hazard impacts in SRA and very high fire hazard
severity zone lands.
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2) Related legislation . SB 1207 is similar to SB 505 (Kehoe)
of 2009, which was vetoed. According to Governor
Schwarzenegger in vetoing SB 505, "While I concur that
counties must ensure that adequate fire protection is
available in an area before approving additional
development, I am concerned that this bill will result in
additional General Fund costs and create significant cost
pressures to maintain State Responsibility Areas and fire
hazard severity zone maps. In addition, I am also
concerned with the cost pressures this bill will place upon
local governments to implement this measure."
SB 1293 (Hollingsworth), to be heard by the Environmental
Quality Committee April 19, 2010, requires OPR, at the next
CEQA guidelines update on or after January 1, 2011, to
prepare guidelines recommending changes to the initial
study checklist for the inclusion of questions relating to
vegetation management projects to reduce fire hazards
located in an SRA or within very high hazard severity
zones.
SB 1500 (Kehoe) of 2008 prohibited counties from approving
projects in SRAs until the county received certification
from fire protection agencies that there is or will be
sufficient structural fire protection for the project. SB
1500 also required consultation and notices under CEQA for
all projects in those areas. SB 1500 was placed on the
Assembly inactive file. AB 2447 (Jones) of 2008, which was
vetoed, required counties to deny approval of a tentative
or parcel subdivision map in SRAs and very high fire hazard
severity zones, unless certain findings could be made. AB
666 (Jones) of 2009 addressed similar issues and was
vetoed.
SOURCE : Senator Kehoe
SUPPORT : American Planning Association (California
Chapter), California Fire Chiefs Association,
California Native Plant Society, California
Professional Firefighters, California State
Firefighters' Association, Fire Districts
Association of California, League of California
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Cities, Mountains Recreation and Conservation
Authority, Orange County Professional
Firefighters' Association IAFF Local 3631,
Sierra Club California
OPPOSITION : California State Association of Counties,
Regional Council of Rural Counties