Bill Text: CA AB1823 | 2019-2020 | Regular Session | Introduced


Bill Title: Fire protection: local fire planning.

Spectrum: Partisan Bill (? 1-0)

Status: (Introduced) 2019-03-13 - From printer. May be heard in committee April 12. [AB1823 Detail]

Download: California-2019-AB1823-Introduced.html


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1823


Introduced by Committee on Natural Resources (Assembly Members Friedman (Chair), Flora (Vice Chair), Chau, Eggman, Cristina Garcia, Limón, Mathis, McCarty, Muratsuchi, and Mark Stone)

March 12, 2019


An act to amend Section 13009 of the Health and Safety Code, and to amend Section 4290.1 of the Public Resources Code, relating to fire protection.


LEGISLATIVE COUNSEL'S DIGEST


AB 1823, as introduced, Committee on Natural Resources. Fire protection: local fire planning.
Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria and maintain a “Fire Risk Reduction Community” list of local agencies located in a state responsibility area or a very high fire hazard severity zone that meet best practices for local fire planning. Existing law requires the board to consider certain things when developing the criteria for the list, including recently developed or updated community wildfire protection plans.
This bill would also require the board, when considering developing criteria for the list, to also consider compliance with the board’s regulations, including the minimum fire safety standards.
The bill would make additional conforming and nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13009 of the Health and Safety Code is amended to read:

13009.
 (a)  Any A person (1) who negligently, or in violation of the law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or her that person to escape onto any public or private property, (2) other than a mortgagee, who, being in actual possession of a structure, fails or refuses to correct, within the time allotted for correction, despite having the right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard, or (3) including a mortgagee, who, having an obligation under other provisions of law laws to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of violation respecting the hazard, fails or refuses to correct the hazard within the time allotted for correction, despite having the right to do so, is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be a charge against that person. The charge shall constitute a debt of that person, and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied.
(b)  Public agencies participating in fire suppression, rescue, or emergency medical services as set forth in subdivision (a), may designate one or more of the participating agencies to bring an action to recover costs incurred by all of the participating agencies. An agency designated by the other participating agencies to bring an action pursuant to this section shall declare that authorization and its basis in the complaint, and shall itemize in the complaint the total amounts claimed under this section by each represented agency.
(c)  Any costs incurred by the Department of Forestry and Fire Protection in suppressing any wildland fire originating or spreading from a prescribed burning operation conducted by the department pursuant to a contract an agreement entered into pursuant to Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4 of the Public Resources Code shall not be collectible from any party to the contract, agreement, including any private consultant or contractor who entered into an agreement with that party pursuant to subdivision (d) of Section 4475.5 Sections 4475 and 4476 of the Public Resources Code, as provided in subdivision (a), Code, to the extent that those costs were not incurred as a result of a violation of any provision of the contract. the agreement.
(d)  This section applies to all areas of the state, regardless of whether primarily wildlands, sparsely developed, or urban.

SEC. 2.

 Section 4290.1 of the Public Resources Code is amended to read:

4290.1.
 (a) On or before July 1, 2022, the board shall develop criteria and maintain a “Fire Risk Reduction Community” list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.
(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):
(1) Compliance with the board’s regulations, including minimum fire safety standards.

(1)

(2) Participation in the National Fire Protection Association’s “Firewise USA” or the National Wildfire Coordinating Group’s “Fire Risk Reduction Adapt