BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1155|
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THIRD READING
Bill No: SB 1155
Author: Lieu (D)
Amended: 4/30/14
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 5-1, 4/24/14
AYES: Wolk, Beall, DeSaulnier, Hernandez, Liu
NOES: Walters
NO VOTE RECORDED: Knight
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Geological hazards: approval of projects
SOURCE : Author
DIGEST : This bill revises standards for local agencies
issuing building permits on projects near earthquake faults.
ANALYSIS : Enacted after the 1971 San Fernando Earthquake
destroyed two hospitals, the Alquist-Priolo Earthquake Fault
Zoning Act (Alquist-Priolo 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
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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, and specified exceptions.
Under the Alquist-Priolo 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 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.
This bill requires local agencies, prior to approval of a
project in certain locations, to determine that the project is
in compliance with existing law relating to the policies and
criteria established by the State Mining and Geology Board and
the findings of the State Geologist, and 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.
This bill does not limit the authority of local agencies to
establish stricter policies.
Comments
This bill extends the protections of the Alquist-Priolo 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
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they may be mapped by the federal government, local agencies,
private geology firms or academic and research institutions.
This bill does not prohibit construction near earthquake faults.
It requires a geologic investigation to ensure that local
agencies do not knowingly permit the construction of housing on
parcels subject to earthquake fault ruptures.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
OPPOSITION : (Verified 5/13/14)
California Association of Realtors
ARGUMENTS IN SUPPORT : According to the author, this bill
"proposes to bridge the lack of coordination between the State
Geologist and local planning agencies. If it is signed into
law, future projects located in an Earthquake Fault Zone that
have not been mapped or updated must undergo a geological-site
investigation, or make a finding that no active trace faults
exist below the proposed project."
ARGUMENTS IN OPPOSITION : The California Association of
Realtors writes, "The recent amendment added to Section 2623.5
(a) (2), that defines which faults need to be investigated in a
project location, introduces an impossible duty to project
proponents. The new duty would require a project proponent to
examine all 'peer-reviewed journals published by academic or
professional institutions and organizations' that may include a
report or map that shows a 'major active fault' or 'well defined
minor fault' in the project vicinity. This new requirement not
only creates an impossible research requirement, it is sure to
result in unnecessary litigation and expense to both project
proponents and lead agencies."
AB:e 5/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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