BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1241|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 1241
Author: Kehoe (D)
Amended: 5/29/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 5-2, 3/27/12
AYES: Pavley, Kehoe, Padilla, Simitian, Wolk
NOES: La Malfa, Cannella
NO VOTE RECORDED: Evans, Fuller
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-1, 4/18/12
AYES: Wolk, Dutton, DeSaulnier, Hancock, Hernandez, Kehoe,
Liu
NOES: Fuller
NO VOTE RECORDED: La Malfa
SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/24/12
AYES: Kehoe, Alquist, Dutton, Lieu, Price, Steinberg
NOES: Walters
SUBJECT : Land use: general plan: safety element: fire
hazard impacts
SOURCE : Author
DIGEST : This bill requires 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, and requires cities and counties to make
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certain findings regarding available fire protection and
suppression services before approving a tentative map or
parcel map.
ANALYSIS : 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 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 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.
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 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
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environmental impact report is needed. OPR is required to
review the CEQA guidelines every two years for possible
updates.
This bill:
1. Requires 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:
A. Consideration of guidance given in the OPR's
Fire Hazard Planning document.
B. Specific information regarding fire hazards.
C. 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.
2. Requires a city or county to make the following findings
before approving a tentative map or parcel map:
A. That the design and location of each lot are
consistent with any applicable regulations adopted
by the board regarding defensible space
requirements.
B. That structural fire protection and suppression
services will be available for the subdivision.
C. That the subdivision meets the regulations
regarding road standards for fire equipment, to
the extent practicable.
3. Requires 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
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guidelines.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
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.
SUPPORT : (Verified 5/29/12)
American Planning Association of California
California Fire Chiefs Association
California Native Plant Society
California Professional Firefighters
Endangered Habitats League
Fire Districts Association of California
Sierra Club, California
OPPOSITION : (Verified 5/29/12)
Napa County Board of Supervisors
Nevada County Board of Supervisors
ARGUMENTS IN SUPPORT : The California Fire Chiefs
Association and the Fire Districts Association of
California support the front-end planning provisions
contained in this bill. The California Professional
Firefighters encourage the planning discussions that occur
at the local level that focus on fire prevention efforts in
vulnerable areas before new building sites are approved.
This organization contends that the already challenging and
risky job of firefighting would be made less difficult
while also enhancing the public's safety. The Endangered
Habitats League, a southern California conservation group,
supports all of the provisions in this bill as measures
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that would help California plan prudently for fire and
reduce risks to life, property, and the environment.
ARGUMENTS IN OPPOSITION : The Napa County Board of
Supervisors opposes this bill and writes, "While the intent
of this measure is to ensure public safety, this measure
creates substantial new responsibilities for local
agencies. Specifically it requires cities and counties to
address fire risks for state responsibility areas and very
high fire hazard severity zones in general plan updates and
subdivision approvals.
"General plan updates are time-intensive and expensive.
The State provides no funding for local agencies to do this
mandated activity, yet continues to add additional
requirements on local governments updating their general
plans. While this bill creates an additional mandate, it
provides not funding, and in fact, explicitly prevents
local agencies from recovering costs associated with the
new requirement. The State already approved a substantial
and burdensome fee on persons living in the State
Responsibility Area in order to provide those landowners
with fire protection.
CTW:nl:do 5/29/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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