Bill Text: CA AB1516 | 2019-2020 | Regular Session | Amended
Bill Title: Fire prevention: wildfire risk: defensible space and fuels reduction management.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB1516 Detail]
Download: California-2019-AB1516-Amended.html
Amended
IN
Senate
August 12, 2019 |
Amended
IN
Senate
July 03, 2019 |
Amended
IN
Senate
June 11, 2019 |
Amended
IN
Assembly
May 06, 2019 |
Amended
IN
Assembly
April 30, 2019 |
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 28, 2019 |
Introduced by Assembly Member Friedman (Principal coauthor: Senator Stern) (Coauthor: Senator Jackson) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would require each local agency having jurisdiction of property upon which conditions that are regulated by the defensible space provisions described above to annually report to the Department of Forestry and Fire Protection the number of inspections, enforcement actions, and estimated compliance rates with those provisions for the property within its jurisdiction. By imposing additional reporting requirements on local agencies, the bill would impose a state-mandated local program.
(3)Existing law provides that the Director of Forestry and Fire Protection may authorize the removal of vegetation that is not consistent with specified standards regarding defensible space, as provided.
This bill would require the director to, where necessary and feasible, use members of the California Conservation Corps, a local conservation corps, a resource conservation district, fire safe councils, or other entities deemed appropriate by the director to remove that vegetation.
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Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) It is the intent of the Legislature that the amendments made by this act to Section 51182 of the Government Code and Section 4291 of the Public Resources Code creating a requirement for a noncombustible zone five feet from a structure should be phased in over time for existing structures.SECTION 1.SEC. 2.
Section 23010 of the Government Code is amended to read:23010.
(a) Pursuant to a resolution adopted by its board of supervisors, a county may lend any of its available funds to any community services district, county waterworks district, mosquito abatement district, pest abatement district, fire protection district, flood control and water conservation district, recreation and park district, resource conservation district, regional park district, regional park and open-space district, regional open-space district, resort improvement district, or public cemetery district located wholly within the county, if its funds are or when available will be in the custody of the county or any officer of the county, in order to enable the district to perform its functions and meet its obligations. The loan shall not exceed 85 percent of the district’s anticipated revenue for the fiscal year in which it is made or for the next ensuing fiscal year, and shall be repaid out of that revenue before the payment of any other obligation of the district.SEC. 2.SEC. 3.
Section 51182 of the Government Code is amended to read:51182.
(a) A person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material, which area or land is within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following:SEC. 3.SEC. 4.
Section 51186 of the Government Code is amended to read:51186.
(a) The local agency having jurisdiction of property upon which conditions regulated by Section 51182 are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder’s office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.(b)(1)Each local agency having jurisdiction of property upon which conditions that are regulated by Section 51182 shall annually report to the Department of Forestry and Fire Protection the number of inspections, enforcement actions, and estimated compliance rates with Section 51182 for the property within its jurisdiction.
(2)The Department of Forestry and Fire Protection shall make the data described in paragraph (1) publicly available on its internet website.
(c)
SEC. 5.
Section 51189.1 is added to the Government Code, to read:51189.1.
(a) On or before July 1, 2021, the Office of Planning and Research, in consultation with the Office of Emergency Services and the Department of Forestry and Fire Protection, shall conduct a survey of local agencies having jurisdiction over properties upon which conditions that are regulated by Section 51182 apply to develop an estimate of the level of defensible space inspections occurring in very high fire hazard severity zones designated by the local agency pursuant to Section 51179, including an estimate of compliance with Section 51182.SEC. 6.
Section 4124.5 of the Public Resources Code is amended to read:4124.5.
(a) The department shall establish a local assistance grant program for fire prevention activities in California. Groups eligible for grants shall include, but are not limited to, local agencies, resource conservation districts, fire safe councils, the California Conservation Corps, certified local conservation corps, University of California Cooperative Extension, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.(d)
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SEC. 4.SEC. 7.
Section 4201 of the Public Resources Code is amended to read:4201.
The purpose of this article is to provide for the classification of lands within state responsibility areas in accordance with both the severity of fire hazard and risk present for the purpose of identifying measures to be taken to retard the rate of spreading and to reduce the potential intensity of uncontrolled fires that threaten to destroy resources, life, or property.SEC. 5.SEC. 8.
Section 4204.1 is added to the Public Resources Code, to read:4204.1.
(a) On or before July 1, 2021, the department, in consultation with the State Fire Marshal and the Insurance Commissioner, shall develop a wildland-urban interface wildfire risk model, hereafter referred to as the model, that uses current wildfire hazard severity information known for the local responsibility area and the state responsibility area. The model shall be able to determine the risk for a community or parcel in a local responsibility area or state responsibility area through the input of mitigating factors into the model. The mitigation factors shall include, but are not limited to, all of the following:SEC. 6.SEC. 9.
Section 4204.2 is added to the Public Resources Code, to read:4204.2.
(a) On or before July 1, 2021, the department shall develop guidelines for the proper use of the wildland-urban interface wildfire risk model developed pursuant to SectionSEC. 7.SEC. 10.
Section 4291 of the Public Resources Code is amended to read:4291.
(a) A person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, brush-covered lands, grass-covered lands, or land that is covered with flammable material, shall at all times do all of the following:(2)The director shall, where necessary and feasible, use members of the California Conservation Corps, a local conservation corps, a resource conservation district,
fire safe councils, or other entities deemed appropriate by the director to remove vegetation that is not consistent with the standards of this section pursuant to paragraph (1).
(2)Periodically review and provide spot checks of compliance with defensible space requirements in areas where contract counties enforce this section.
SEC. 8.SEC. 11.
Section 4291.7 is added to the Public Resources Code, to read:4291.7.
For purposes of Sections 4292, 4293, 4295, 4295.5, and 4295.6, “person” shall mean any agency of the state, county, city, district, or other local public agency, and any individual, firm, association, partnership, business trust, corporation, limited liability company, or company.SEC. 9.SEC. 12.
Section 4295.6 is added to the Public Resources Code, to read:4295.6.
(a) (1) (A) On or before July 1, 2021, the department, in consultation with the Public Utilities Commission and any person who owns, controls, operates, or maintains any electrical transmission or distribution lines, shallSEC. 10.SEC. 13.
Section 4740 of the Public Resources Code is amended to read:4740.
The Legislature hereby finds and declares all of the following:SEC. 11.SEC. 14.
Section 4741 of the Public Resources Code is amended to read:4741.
(a) In accordance with policies established by the board, the department shall assist local governments in preventing future high intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise(d)The department may establish a cost-share or in-kind contribution requirement for any fuel reduction work conducted pursuant to this article.
(e)The department shall explore opportunities to use its dedicated fuel reduction crews for areas in proximity to common ignition sources, including, but not limited to, roadways, electrical infrastructure, and campgrounds.
(f)