BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1241 (Kehoe) - Land use: general plan: safety element: fire
hazard impacts.
Amended: May 3, 2012 Policy Vote: NR&W 5-2, Gov&F 7-1
Urgency: No Mandate: Yes
Hearing Date: May 14, 2012 Consultant: Marie Liu
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 1241 would require cities and counties to
address fire risk in state responsibility areas (SRA) and very
high fire hazard severity zones in the safety element of their
general plans upon the next revision of the housing element.
This bill also requires cities and counties to make certain
findings regarding available fire protection and suppression
services before approving a tentative map or parcel map.
Fiscal Impact:
Ongoing costs between $100,000 and $250,000 from the
General Fund from 2013-14 through 2018-19, for the Board of
Forestry to review safety element updates as required by
this bill.
One-time costs of $285,000 from the General Fund for
2013-14 for the update of CEQA guidelines.
One-time costs of $50,000 from the General Fund for
2013-14 for the update of the Fire Hazard Planning document.
Background: The Board of Forestry (board) is required to
identify all lands where the state has the primary financial
responsibility for preventing and suppressing fires. These state
responsibility areas (SRAs) are generally lands that are (or
were, prior to development) largely covered by trees, brush, and
grass and other undeveloped lands. All other lands are primarily
the financial responsibility of local (local responsibility
areas, LRAs) or federal agencies.
The director of the California Department of Forestry and Fire
(CDF) is required identify fire hazard severity zones in LRAs,
although a local agency has discretion to alter these zones for
more effective fire protection.
SB 1241 (Kehoe)
Page 1
Every city and county must adopt a general plan with seven
required elements on land use, circulation, housing,
conservation, open space, noise, and safety. The purpose of the
general plan is to guide all major land use decisions, which are
required to be consistent with the plan. Existing law requires
the housing element to be updated on a specific schedule,
depending on geographic location. Existing law also requires
local agencies to submit the safety element of their general
plan to the Board of Forestry (board) for review. The board may
offer recommendations for changes regarding the use of SRA or
very high fire hazard severity zone lands in order to protect
life, property, and natural resources from unreasonable wildland
fire risks. The local agency must consider the board's
recommendations but they are not required to adopt them.
The Subdivision Map Act regulates how local officials approve
the conversion of larger parcels into marketable lots.
Subdivisions of more than four lots require a city or county to
adopt a tentative map while smaller subdivisions usually require
a parcel map.
The Office of Planning and Research (OPR) develops guidelines
for the implementation of the California Environmental Quality
Act ("CEQA Guidelines"), including the criteria lead agencies us
to determine whether an environmental impact report is needed.
OPR is required to review the CEQA guidelines every two years
for possible updates.
Proposed Law: This bill would require a city or county, when it
next revises its housing element, to also update the safety
element to address the risk for fire on lands classified as SRA
or very high fire hazard severity zones. The update must
include:
Consideration of guidance given in the Office of Planning and
Research's (OPR's) Fire Hazard Planning document,
Specific information regarding fire hazards, and
A set of goals, policies, and objectives to protect the
community from unreasonable wildfire risks and a set of
feasible implementation measures to achieve these goals,
policies, and objectives.
This bill would also require a city or county to make the
following findings before approving a tentative map or parcel
SB 1241 (Kehoe)
Page 2
map:
That the design and location of each lot are consistent with
any applicable regulations adopted by the board regarding
defensible space requirements,
That structural fire protection and suppression services will
be available for the subdivision, and
That the subdivision meets the regulations regarding road
standards for fire equipment, to the extent practicable.
This bill would also require OPR, as part of its next review of
CEQA guidelines, to cooperate with CDF in recommending changes
to the CEQA guidelines regarding fire hazard impacts on lands
classified as SRA and very high fire hazard severity zones.
These recommendations shall be reviewed by the Secretary of the
Natural Resources Agency, and if certified, incorporated into
the CEQA guidelines.
This bill would also require OPR to update its Fire Hazard
Planning document by January 1, 2014.
Related Legislation: The provisions that require a city or
county to update its safety element to address fire risks are
very similar to SB 1207 (Kehoe) 2010 and SB 505 (Kehoe) 2009,
both of which were vetoed by Governor Schwarzenegger citing cost
concerns.
Staff Comments: Regarding the provisions requiring a city or
county to update its safety element to incorporate fire risks
and to make certain findings before approving a tentative or
parcel map: These provisions impose an additional costs on local
governments and thereby create a mandate. However, because local
governments have existing authority to charge fees to support
their planning activities, this bill contains language declaring
that this mandate is not reimbursable.
By requiring all safety elements to be updated, this bill
dramatically increases the amount of safety elements that must
be reviewed by the board over the course of the next five years.
Currently CDF reviews about 6-10 safety element updates a year.
This bill would increase the number of reviews to approximately
50 per year for the next five years as safety element updates
are phased in (assuming about 250 counties and cities will have
either SRA or very high fire severity zones in their
jurisdiction). CDF estimates that the board will need additional
SB 1241 (Kehoe)
Page 3
staff to complete this review at a cost between $100,000 and
$250,000 annually.
Regarding the provisions requiring OPR to work with CDF to
update its CEQA guidelines in respect to fire hazard impacts:
OPR estimates that the CEQA guideline update will cost OPR
approximately $100,000 and CDF estimates a minimum cost of
$185,000 for a total of $285,000.
CDF's fiscal estimate for this bill also includes $1.4 million
to provide local agencies with assistance in updating their
safety elements. Staff notes that while the board is responsible
for reviewing the proposed updated safety elements, the bill
does not require CDF to provide assistance in preparing the
update. As this is not a required duty, staff believes this is
not a cost attributable to this bill.
Regarding the provisions requiring OPR to update its Fire Hazard
Planning document: OPR estimates that it will cost approximately
$50,000 to update this document.