BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 1155 HEARING: 4/24/14
AUTHOR: Lieu FISCAL: Yes
VERSION: 4/21/14 TAX LEVY: No
CONSULTANT: Ewing
ALQUIST-PRIOLO EARTHQUAKE FAULT ZONING ACT
Revises standards for local agencies issuing building
permits on projects near earthquake faults.
Background and Existing Law
Enacted after the 1971 San Fernando Earthquake destroyed
two hospitals, the Alquist-Priolo Earthquake Fault Zoning
Act prevents local agencies from issuing permits to build
on top of active faults. The State Geologist publishes
maps which are the basis for developing regulations within
recognized Earthquake Fault Zones.
The Alquist-Priolo Act applies to any subdivision subject
to the Subdivision Map Act and which contemplates the
eventual construction of homes. The Alquist-Priolo Act
also applies to home construction that did not involve a
review at the subdivision phase. The Act does not apply to
single family homes with no more than two stories that are
not part of a development of four or more dwellings.
Exceptions also are allowed for:
Condominium conversions,
Historic landmarks,
Certain alterations of existing structures,
Pre-1975 homes, with some exceptions, and
Structures damaged by the 1991 Oakland Hills fires,
if an exemption is issued by the State Geologist.
Under the Act, property that is sold or transferred must
include disclosure information when it is located in an
Earthquake Fault Zone.
The Alquist-Priolo Act, along with the Seismic Hazard
Mapping Act, restricts the authority of cities and counties
to approve projects for occupancy unless they meet terms
established in regulation by the State Mining and Geology
SB 1155 -- 4/21/14 -- Page 2
Board. Prior to approving a project that is within an
established Earthquake Fault Zone, cities and counties must
require a geologic report identifying any hazard for
surface fault rupture. Implementing regulations specify
that no structure can be placed across an active fault. If
a city or county finds that no undue hazard exists, the
required geologic report can be waived, with approval from
the State Geologist.
Some stakeholders are concerned that because of budget
limitations, the state is not working fast enough to update
its maps of Earthquake Fault Zones or new maps for
otherwise unmapped areas. There also is concern that local
agencies are approving projects that result in housing
being built atop or near earthquake faults.
Proposed Law
SB 1155 extends the requirements of the Alquist-Priolo
Earthquake Fault Zoning Act to areas where earthquake
faults have visibly ruptured the ground, and are considered
to be active, as defined by the State Mining and Geology
Board, but which are not yet included in official
Earthquake Fault Zone maps issued by the California State
Geologist.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . SB 1155 extends the protections
of the Alquist-Priolo Earthquake Fault Zoning Act to
potential housing construction in fault zones that have not
yet been officially established through the process of
issuing Earthquake Fault Zone maps. The state has made
considerable progress in identifying earthquake fault
hazards, but many faults have not been adequately mapped by
the state, even though they may be mapped by the federal
government, local agencies, private geology firms or
academic and research institutions. SB 1155 does not
prohibit construction near earthquake faults. It requires
a geologic investigation to ensure that local agencies do
SB 1155 -- 4/21/14 -- Page 3
not knowingly permit the construction of housing on parcels
subject to earthquake fault ruptures.
2. Undue uncertainty . The Alquist-Priolo Earthquake Fault
Zoning Act creates a partnership between the state and
local agencies, resulting in certainty. Under the Act, the
state identifies potential hazards by issuing Earthquake
Fault Zone maps. Before local agencies issue permits to
build housing on parcels within those zones, they must
first require a geologic study to identify any earthquake
faults on the parcel. If none are found, permits can be
issued. If faults are found, permits can be issued only if
housing is set back to prevent a shift in the fault from
ripping apart a home. The statute results in certainty
because local agencies know when they can and cannot issue
permits. Under SB 1155, rather than relying on state
issued Earthquake Fault Zone maps, each local agency would
be charged with documenting earthquake faults, or require
geological studies for every permit. Recent budget
challenges have slowed the state's mapping efforts and the
issuance of new maps, yet the Governor has proposed
increasing funding for the mapping process. Rather than
creating undue uncertainty in the permitting process, it
may make greater sense to augment funding for the state to
accelerate the mapping of Earthquake Fault Zones.
3. Clarification . SB 1155 adds Section 2623.5 to the
Alquist-Priolo Act, stating that it shall apply where the
ground surface has been mapped but the Earthquake Fault
Zone maps have not been completed. It is unclear how the
phrase, "has been mapped," is defined. The Committee may
wish to consider clarifying amendments to state that
Section 2623.5 applies where official state Earthquake
Fault Zone maps have not been completed or updated, and
more recent information is available from the California
Geological Survey, the U.S. Geological Survey, local
government agencies, accredited academic and research
institutions, and professional licensed geologists or other
experts, which indicate a newly identified potential risk
of an earthquake fault hazard.
4. Crowdsource fault mapping . The Alquist-Priolo Act
directs the California State Geologist to map specific
earthquake faults and others deemed sufficiently active and
well-defined to constitute a potential hazard to
structures. The State Geologist is not the only entity that
SB 1155 -- 4/21/14 -- Page 4
can map earthquake faults, and the statute directs the
State Geologist to regularly review new geologic and
seismic data. However, the state could receive and use
information from licensees, including geologists and real
estate professionals, who develop or receive information on
earthquake faults through their professionally licensed
activities. To speed the official state process of mapping
potential earthquake hazards, the Committee may wish to
consider expanding disclosure and related reporting
requirements to enhance information available to the State
Geologist on earthquake faults and related hazards and make
that information available to the public.
5. Consistency, ambiguity and safety . The statutory
requirements for documenting earthquake and related seismic
hazards, and regulating land use decisions near those
hazards, are inconsistent. The Alquist-Priolo Earthquake
Fault Zoning Act directs the State Geologist to map
ruptures in the ground. In contrast, the Seismic Hazard
Mapping Act requires mapping of Seismic Hazard Zones, which
are defined in regulation as areas subject to amplified
shaking, liquefaction and earthquake-induced landslides.
While there is consistency across these acts, there also is
ambiguity. The Committee may wish to consider directing
the California State Geologist to convene an expert
technical advisory committee, with participation from
relevant legislative committees, to propose legislation to
update existing code sections to create greater consistency
across both direct and indirect risks from seismic and
related hazards and related land use regulations. As part
of that review, recognizing that the Alquist-Priolo Act
applies only to specified structures, the Committee may
wish to consider directing the technical advisory committee
to explore the need to extend seismic safety reviews to a
broader set of structures.
Support and Opposition (4/21/14)
Support : Unknown.
Opposition : Unknown.