BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1207|
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THIRD READING
Bill No: SB 1207
Author: Kehoe (D)
Amended: 3/24/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 4/7/10
AYES: Kehoe, DeSaulnier, Price
NOES: Cox, Aanestad
SENATE ENV. QUALITY COMMITTEE : 5-1, 4/19/10
AYES: Simitian, Corbett, Lowenthal, Pavley, Strickland
NOES: Runner
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SUBJECT : Land use: general plan: safety element: fire
hazard impacts
SOURCE : Author
DIGEST : This bill requires the Office of Planning and
Research to update its general plan advice document
relating to fire hazards and its California Environmental
Quality Act guidelines to address wildfire risks. Beginning
in 2015, the bill requires some cities and counties to
update the safety element of their general plans to address
CONTINUED
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risks of wildfire.
ANALYSIS :
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),
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
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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 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.
Related legislation
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This bill 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
OPR guideline and planning $50
General
document updates
CalFire guideline and planning $65
General
document update assistance
Board of Forestry reviews $90
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General
of safety element updates
SUPPORT : (Verified 5/27/10)
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 Cities
Mountains Recreation and Conservation Authority
Orange County Professional Firefighters' Association IAFF
Local 3631
Sierra Club California
OPPOSITION : (Verified 5/27/10)
California State Association of Counties
Department of Finance
Regional Council of Rural Counties
AGB:do 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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