Bill Text: CA AB3150 | 2023-2024 | Regular Session | Amended

---

Bill Title: Fire safety: fire hazard severity zones: defensible space: State Fire Marshal.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-23 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 22). Re-referred to Com. on APPR. [AB3150 Detail]

Download: California-2023-AB3150-Amended.html

---

Amended  IN  Assembly  April 10, 2024

Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 3150

---

Introduced by Assembly Member Quirk-Silva

February 16, 2024

---

An act to amend Sections 51178, 51179, 51182, 51186, and 51189 of the Government Code, and to amend Sections 4124.5, 4204, 4290, 4290.1, and 4291 of the Public Resources Code, relating to fire safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 3150, as amended, Quirk-Silva. Fire safety: fire hazard severity zones: defensible space: State Fire Marshal.

Existing law requires the State Fire Marshal to classify lands within state responsibility areas into fire hazard severity zones, and, by regulation, designate fire hazard severity zones and assign to each zone a rating reflecting the degree of severity of fire hazard that is expected to prevail in the zone. Existing law requires the State Fire Marshal to periodically review designated and rated zones and, as necessary, revise zones or their ratings or repeal the designation of zones. Existing law authorizes the revision or repeal of a fire hazard severity zone within a state responsibility area to be petitioned by any interested person according to specified procedures.

Existing law also requires the State Fire Marshal to identify areas in the state that are not state responsibility areas as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency, within 30 days after receiving a transmittal from the State Fire Marshal that identifies those fire hazard severity zones, to make the information available for public review and comment, and, within 120 days of receiving recommendations from the State Fire Marshal, to designate, by ordinance transmitted to the State Board of Forestry and Fire Protection, moderate, high, and very high fire hazard severity zones in its jurisdiction.

This bill would revise and recast the above-described provisions applicable to fire hazard severity zones in state responsibility areas and in areas that are not state responsibility areas. The bill would require the State Fire Marshal to provide an opportunity opportunity, pursuant to the Administrative Procedure Act, for the public to review and comment on the fire hazard severity zone maps of areas that are not state responsibility areas before the State Fire Marshal submits them to the local agency, and would require a local agency to transmit a copy of its ordinance to the State Fire Marshal instead of the State Board of Forestry and Fire Protection. The bill would delete the above-described authorization to petition the revisions or repeal of a fire hazard severity zone within a state responsibility area.

This bill would, in the case of both state responsibility areas and lands that are not state responsibility areas, require the State Fire Marshal to allow for the petition for a review and potential redesignation of an area greater than 50 acres, or a large area of a different size as determined by the State Fire Marshal, that has undergone a significant change in conditions that would likely result in a decrease in fire hazard severity based on substantial evidence. The bill would authorize applicants representing an area greater than 50 acres in size, or representing a large area of a different size as determined by the State Fire Marshal, to seek a preliminary determination from the State Fire Marshal on fire safety standards and project design measures that may result in a decrease in fire hazard severity following development, as provided. The bill would authorize the State Fire Marshal to provide a preliminary determination that these measures would likely result in a decrease in fire hazard severity following development if supported by substantial evidence. The bill would authorize the State Fire Marshal to require a regulatory fee from these applicants to cover all of the State Fire Marshal’s costs in evaluating and responding to these applications, and would also authorize the State Fire Marshal to develop regulations to further define the process for submitting and reviewing an application, as provided.

Existing law requires the State Board of Forestry and Fire Protection to adopt regulations implementing minimum fire safety standards related to defensible space, as provided. Under existing law, these regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas approved after January 1, 1991, and within lands classified and designated as very high fire hazard severity zones, that are not within state responsibility areas, after July 1, 2021, as provided. Existing law requires the board, on and after July 1, 2021, to periodically update regulations for fuel breaks and greenbelts near communities, as provided.

This bill would, among other things, instead require the State Fire Marshal to adopt or amend regulations implementing the above-described minimum fire safety standards, as provided, applicable only to new building permits, or to parcel or tentative maps or other developments approved after the effective date of the regulations, as provided. The bill would provide that the above-described regulations adopted by the board shall remain valid until the State Fire Marshal adopts or amends these regulations, as provided. The bill would also require the State Fire Marshal to periodically update regulations for fuel breaks and greenbelts near communities, as provided.

Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies located in state responsibility areas, or a very high fire hazard severity zone that is not in a state responsibility area, that meet best practices for local fire planning, as provided.

This bill would, among other things, instead require the State Fire Marshal to develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies, communities, and neighborhoods located in state responsibility areas or very high fire hazard severity zones not in a state responsibility area, that meet best practices for local fire planning, as provided.

Existing law requires a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law also requires 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, shrub-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, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. A violation of either of these requirements is a crime.

Existing law requires the persons described above to use more intense fuel reductions between 5 and 30 feet around the structure, and to create an ember-resistant zone within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, as provided. Existing law requires the board, in consultation with the State Fire Marshal, to develop, periodically update, and post on its internet website a guidance document on fuels management, as provided.

This bill would revise and recast these provisions by, among other things, instead requiring the State Fire Marshal to promulgate the regulations, as provided, related to fuel reductions between 5 and 30 feet around the structure and the creation of an ember-resistant zone within 5 feet of the structure. The bill would provide that the above-described regulations promulgated by the board shall remain valid until the State Fire Marshal adopts or amends regulations, as provided. The bill would instead require the State Fire Marshal to develop, periodically update, and post on its internet website the above-described guidance documents on fuels management, and to develop guidance documents with suggestions for creating an ember-resistant zone within 5 feet of a structure, as provided.

Existing law requires the State Fire Marshal or the local agency having jurisdiction over the property to provide notice to affected residents describing specified components of the above-referenced defensible space requirements before imposing penalties for a violation of these requirements, as provided. Under existing law, the requirements for an ember-resistant zone, as provided, do not take effect for new structures until the State Board of Forestry and Fire Protection updates the applicable regulations and the guidance documents, as provided, and does not take effect for existing structures until one year after the effective date for the new structures.

This bill would eliminate the State Fire Marshal’s above-described duty to make reasonable efforts to provide notice to affected residents, as provided. The bill would provide that the above-described requirements for an ember-resistant zone do not take effect for new structures until (1) either the board updates the regulations and guidance documents, if updated before January 1, 2025, or (2) the State Fire Marshal updates the regulations and guidance documents, if after January 1, 2025.

Existing law defines a person, for the above-described defensible space requirements applicable to a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, as a private individual, organization, partnership, limited liability company, or corporation.

This bill would expand that definition of a person to also include a public agency. By imposing new requirements on local agencies, and because a violation of the requirements would be a crime or expand the scope of an existing crime, the bill would impose a state-mandated local program.

This bill would also make conforming changes.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

---

Bill Text

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

SECTION 1.

 Section 51178 of the Government Code is amended to read:

51178.

 (a) The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

(b) The State Fire Marshal shall provide an opportunity opportunity, pursuant to Article 5 (commencing with Section 11346) of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), for the public to review and comment on the map proposed pursuant to subdivision (a) before submission to the local agency.

(c) The State Fire Marshal shall allow for the petition for a review and potential redesignation of an area greater than 50 acres, or a large area of a different size as determined by the State Fire Marshal, that has undergone a significant change in conditions that would likely result in a decrease in fire hazard severity based on substantial evidence.

(d) (1) Applicants representing an area greater than 50 acres in size, or representing a large area of a different size as determined by the State Fire Marshal pursuant to subdivision (c), may seek a preliminary determination from the State Fire Marshal on fire safety standards and project design measures that may result in a decrease in fire hazard severity following development, such as site grading, defensible space, fire hardening of homes and commercial buildings, fuel breaks, fuel management zones, fuel management plans, community wildfire protection plans, and other measures identified by the State Fire Marshal. The State Fire Marshal may provide a preliminary determination that those measures would likely result in a decrease in fire hazard severity following development if supported by substantial evidence.

(2) The State Fire Marshal shall determine the types of entities eligible to submit an application for a preliminary determination pursuant to paragraph (1).

(e) The State Fire Marshal may require a regulatory fee from the applicant to cover all of the State Fire Marshal’s costs in evaluating and responding to an application described in subdivision (c) or (d). The State Fire Marshal may develop regulations to further define the process for submitting and reviewing an application described in subdivision (c) or (d), including minimum information, data, and modeling requirements.

SEC. 2.

 Section 51179 of the Government Code is amended to read:

51179.

 (a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.

(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.

(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively.

(3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.

(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Fire Marshal within 30 days of adoption.

(d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal.

(e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.

(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.

(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map.

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, shrub-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:

(1) (A) (i) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by (I) the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, if promulgated before January 1, 2025, or (II) the State Fire Marshal, if promulgated on or after January 1, 2025, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds.

(ii) The regulations promulgated by the State Board of Forestry and Fire Protection pursuant to clause (i) shall remain valid until the State Fire Marshal adopts or amends regulations pursuant to clause (i).

(B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.

(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation.

(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.

(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.

(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.

(5) Before constructing a new dwelling or structure that will be occupied or rebuilding an occupied dwelling or occupied structure damaged by a fire in that zone, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.

(b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.

(c) (1) The State Fire Marshal shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize the spread of flammable nonnative grasses and weeds, minimize water consumption, and permit trees and shrubs near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion such as woodpiles, propane tanks, decks, and outdoor lawn furniture.

(2) The State Fire Marshal shall develop a guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure based on regulations promulgated by the State Fire Marshal to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers.

(d) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the Office of the State Fire Marshal to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.

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 apply shall make reasonable efforts to provide notice to affected residents within the jurisdiction of the local agency describing the requirements added by the amendments to paragraph (1) of subdivision (a) of Section 51182 made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.

(2) (A) The requirement for an ember-resistant zone pursuant to Section 51182 shall not take effect for new structures until either (i) the State Board of Forestry and Fire Protection promulgates the regulations, pursuant to paragraph (1) of subdivision (a) of Section 51182, and develops the guidance document, pursuant to paragraph (2) of subdivision (c) of Section 51182, as those provisions read on January 1, 2024, or (ii) the State Fire Marshal updates the regulations, pursuant to paragraph (1) of subdivision (a) of Section 51182, and the guidance document, pursuant to paragraph (2) of subdivision (c) of Section 51182.

(B) The requirements for an ember-resistant zone pursuant to Section 51182 shall take effect for existing structures one year after the effective date for the new structures.

SEC. 5.

 Section 51189 of the Government Code is amended to read:

51189.

 (a) The Legislature finds and declares that site and structure defensibility is essential to reduce the risk of structure ignition as well as for effective fire suppression by firefighters. This need to establish defensibility extends beyond the site fuel management practices required by this chapter, and includes, but is not limited to, measures that increase the likelihood of a structure withstanding ignition, such as building design and construction requirements that use fire resistant building materials, and standards for reducing fire risks on structure projections, including, but not limited to, porches, decks, balconies and eaves, and structure openings, including, but not limited to, attic, foundation, and eave vents, doors, and windows.

(b) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall, pursuant to Section 18930 of the Health and Safety Code, recommend updated building standards that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures, based on information learned from the 2017 wildfire season.

(c) (1) No later than January 31, 2020, the State Fire Marshal, in consultation with the director and the Director of Housing and Community Development, shall develop a list of low-cost retrofits that provide for comprehensive site and structure fire risk reduction to protect structures from fires spreading from adjacent structures or vegetation and to protect vegetation from fires spreading from adjacent structures. The Department of Forestry and Fire Protection shall incorporate the list in its fire prevention education and outreach efforts.

(2) In addition to the requirements of paragraph (1), the list shall include a guidance document, including regionally appropriate vegetation management suggestions that preserve and restore native plant species that are fire resistant or drought tolerant, or both.

(d) (1) The Office of the State Fire Marshal shall develop a model defensible space program that shall be made available for use by a city, county, or city and county in the enforcement of the defensible space provisions of Section 51182 of this code and subdivision (a) of Section 4291 of the Public Resources Code. In the development of this program, the State Fire Marshal shall consult with representatives from local, state, and federal fire services, local government, building officials, utility companies, the building industry, insurers and insurance research organizations, and the environmental community. Components of the program shall include, but not be limited to, all of the following:

(A) General guidelines for creating and maintaining defensible space around specified structures, including appropriate guidelines and definitions for vegetation management.

(B) Provisions for fuel modification beyond the property line, including on unimproved lots, in order to maintain 100 feet of defensible space from a structure.

(C) Suggested minimum qualifications needed for enforcement personnel.

(D) Enforcement mechanisms for compliance with and maintenance of defensible space requirements, including, but not limited to, the following:

(i) Site inspections.

(ii) Procedures for notifying a property owner of a violation.

(iii) Timelines for corrective action by a property owner and for reinspection.

(iv) Citations requiring abatement of a violation and subsequent removal of a fire hazard within the defensible space boundaries.

(v) Suggested administrative procedures that allow for appeal of the citation by the property owner.

(2) If a defensible space program is adopted, the local agency for enforcement of this program may recover the actual cost of abatement and may cause a notice of abatement lien to be recorded in the county in which the real property is located. The notice shall, at a minimum, identify the record owner or possessor of the property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement was ordered by the local agency and the date the abatement was completed, and include a description of the real property subject to the lien and the amount of the abatement cost.

(3) The model defensible space program required pursuant to this subdivision shall be updated whenever (A) the State Board of Forestry and Fire Protection substantially updates the guidance documents created pursuant to subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code, as those sections read on January 1, 2024, or (B) the State Fire Marshal substantially updates the guidance documents created pursuant to subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code.

(4) In order to develop and implement this subdivision and support any required update of the guidance documents identified in subdivision (c) of Section 51182 of this code and subdivision (e) of Section 4291 of the Public Resources Code, the Office of the State Fire Marshal is authorized to expend funds from the Building Standards Administration Special Revolving Fund, upon an appropriation by the Legislature, pursuant to Section 18931.7 of the Health and Safety Code.

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 and home hardening education 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 community conservation corps as defined in Section 14507.5, University of California Cooperative Extension, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, Native American tribes, and qualified nonprofit organizations. The department may establish a cost-share requirement for one or more categories of projects.

(b) (1) The local assistance grant program shall establish a robust year-round fire prevention effort in and near fire-threatened communities that focuses on increasing the protection of people, structures, and communities. To the maximum extent practicable, the grants shall be designed to be durable and adaptively managed so that while improving resiliency to wildfire, the projects, when on forest land, retain a mixture of species and sizes of trees to protect habitat values. The department shall prioritize, to the extent feasible, projects that are multiyear efforts.

(2) For purposes of this subdivision, “fire-threatened communities” means those communities in high and very high fire hazard severity zones, identified by the State Fire Marshal pursuant to Section 51178 of the Government Code, or Article 9 (commencing with Section 4201) of this code, or on the “Fire Risk Reduction Community” list maintained by the board or the State Fire Marshal, as applicable, pursuant to Section 4290.1.

(c) Eligible activities shall include, but not be limited to, all of the following:

(1) Development and implementation of public education and outreach programs. Programs may include technical assistance, workforce recruitment and training, and equipment purchases.

(2) Fire prevention activities as defined in Section 4124.

(3) Projects to improve compliance with defensible space requirements as required by Section 4291 through increased inspections, assessments, and assistance for low-income residents.

(4) Technical assistance to local agencies to improve fire prevention and reduce fire hazards.

(5) Creation of additional “Firewise USA” communities in the state or other community planning or certification programs deemed as appropriate by the department.

(6) Projects to improve public safety, including, but not limited to, access to emergency equipment and improvements to public evacuation routes.

(7) Vegetation management along roadways and driveways to reduce fire risk. Where appropriate, the Department of Transportation shall be consulted if state infrastructure will be affected. Those projects shall remain consistent with paragraph (1) of subdivision (b).

(8) Public education outreach regarding making homes and communities more wildfire resilient, including training on defensible space and prescribed grazing.

(9) Projects to reduce the flammability of structures and communities to prevent their ignition from wind-driven embers.

(10) Development of a risk reduction checklist for communities that includes defensible space criteria, structural vulnerability potential, and personal evacuation plans.

(d) The department may consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local assistance grants.

(e) (1) The director may authorize advance payments from a grant awarded pursuant to this section. The advance payment shall not exceed 25 percent of the total grant award. The director may authorize a greater amount, not to exceed 50 percent of either the total grant award or the cost of equipment or supplies, whichever amount is less, for the purpose of purchasing necessary equipment or supplies.

(2) The grantee shall expend the funds from the advance payment within six months of receipt, unless the department waives this requirement.

(3) The grantee shall file an accountability report with the department four months from the date of receiving the funds and every four months thereafter.

(f) Until July 1, 2025, the department may authorize advance payments on a grant awarded under this section in accordance with subdivision (d) of Section 11019.1 of the Government Code.

(g) The department may expand or amend an existing grant program to meet the requirements of this section.

(h) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature.

SEC. 7.

 Section 4204 of the Public Resources Code is amended to read:

4204.

 (a) The State Fire Marshal shall periodically review zones designated and rated pursuant to this article and, as necessary, shall revise zones or their ratings or repeal the designation of zones. Any revision of a zone or its rating or any repeal of a zone shall conform to the requirements of Section 4203.

(b) The State Fire Marshal shall allow for the petition for a review and potential redesignation of an area greater than 50 acres, or a large area of a different size as determined by the State Fire Marshal, that has undergone a significant change in conditions that would likely result in a decrease in fire hazard severity based on substantial evidence.

(c) (1) Applicants representing an area greater than 50 acres in size, or representing a large area of a different size as determined by the State Fire Marshal pursuant to subdivision (b), may seek a preliminary determination from the State Fire Marshal on fire safety standards and project design measures that may result in a decrease in fire hazard severity following development, such as site grading, defensible space, fire hardening of homes and commercial buildings, fuel breaks, fuel management zones, fuel management plans, community wildfire protection plans, and other measures identified by the State Fire Marshal. The State Fire Marshal may provide a preliminary determination that those measures would likely result in a decrease in fire hazard severity following development if supported by substantial evidence.

(2) The State Fire Marshal shall determine the types of entities eligible to submit an application for a preliminary determination pursuant to paragraph (1).

(d) The State Fire Marshal may require a regulatory fee from the applicant to cover all of the State Fire Marshal’s costs in evaluating and responding to an application described in subdivision (b) or (c). The State Fire Marshal may develop regulations to further define the process for submitting and reviewing an application described in subdivision (b) or (c), including minimum information, data, and modeling requirements.

SEC. 8.

 Section 4290 of the Public Resources Code is amended to read:

4290.

 (a) (1) The board shall, until January 1, 2025, adopt regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area lands under the authority of the department, and to lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code. These regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas approved after January 1, 1991, and within lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code after July 1, 2021. The board may not adopt building standards, as defined in Section 18909 of the Health and Safety Code, under the authority of this section. As an integral part of fire safety standards, the State Fire Marshal has the authority to adopt regulations for roof coverings and openings into the attic areas of buildings specified in Section 13108.5 of the Health and Safety Code. The regulations apply to the placement of mobile homes as defined by National Fire Protection Association standards. These regulations do not apply where an application for a building permit was filed before January 1, 1991, or to parcel or tentative maps or other developments approved before January 1, 1991, if the final map for the tentative map is approved within the time prescribed by the local ordinance. The regulations shall include all of the following:

(A) Road standards for fire equipment access.

(B) Standards for signs identifying streets, roads, and buildings.

(C) Minimum private water supply reserves for emergency fire use.

(D) Fuel breaks and greenbelts.

(2) Regulations adopted pursuant to paragraph (1) shall remain valid until the State Fire Marshal adopts or amends regulations pursuant to subdivision (b).

(b) The State Fire Marshal shall adopt or amend regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area lands under the authority of the department, and to lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code. These regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas, and within lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code after July 1, 2021. The regulations apply to the placement of mobile homes as defined by National Fire Protection Association standards. These regulations shall only apply to new building permits, or to parcel or tentative maps or other developments approved after the effective date of the regulations. The regulations shall include all of the following:

(1) Road standards for fire equipment access.

(2) Standards for signs identifying streets, roads, and buildings.

(3) Minimum private water supply reserves for emergency fire use.

(4) Fuel breaks and greenbelts.

(c) The State Fire Marshal shall periodically update regulations for fuel breaks and greenbelts near communities to provide greater fire safety for the perimeters to all residential, commercial, and industrial building construction within state responsibility areas and lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code, after July 1, 2021. These regulations shall include measures to preserve undeveloped ridgelines to reduce fire risk and improve fire protection. The State Fire Marshal shall, by regulation, define “ridgeline” for purposes of this subdivision.

(d) These regulations do not supersede local regulations that equal or exceed minimum regulations adopted by the state.

(e) The State Fire Marshal may enter into contracts with technical experts to meet the requirements of this section.

SEC. 9.

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

4290.1.

 (a) The State Fire Marshal shall develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies, communities, and neighborhoods 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 State Fire Marshal shall consider all of the following when developing the criteria for the list required under subdivision (a):

(1) Compliance with the state’s minimum fire safety standards pursuant to Section 4290.

(2) Participation in the National Fire Protection Association’s “Firewise USA” or the National Wildfire Coordinating Group’s “Fire Adapted Communities” programs.

(3) Adoption of the state’s recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.

(4) Recently developed or updated community wildfire protection plans.

(c) The State Fire Marshal shall post the “Fire Risk Reduction Community” list on its internet website.

(d) For purposes of references to the “Fire Risk Reduction Community” list designation in Article 2.5 (commencing with Section 4124) of Chapter 1, the “Fire Risk Reduction Community” list developed by the board, pursuant to the authority in subdivision (a) of this section, as it read on December 31, 2024, shall qualify until the State Fire Marshal adopts or amends a list pursuant to subdivision (a).

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, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, shall at all times do all of the following:

(1) (A) (i) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by (I) the board, in consultation with the department, if promulgated before January 1, 2025, or (II) the State Fire Marshal, if promulgated on or after January 1, 2025, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this subparagraph, “fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.

(ii) The regulations promulgated by the board pursuant to clause (i) shall remain valid until the State Fire Marshal adopts or amends regulations pursuant to clause (i).

(B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.

(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the director, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation.

(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.

(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.

(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.

(5) Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.

(b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.

(c) (1) Except as provided in Section 18930 of the Health and Safety Code, the State Fire Marshal may adopt regulations exempting a structure with an exterior constructed entirely of nonflammable materials, or, conditioned upon the contents and composition of the structure, the director may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding those structures.

(2) An exemption or variance under paragraph (1) shall not apply unless and until the occupant of the structure, or if there is not an occupant, the owner of the structure, files with the State Fire Marshal, in a form as the State Fire Marshal shall prescribe, a written consent to the inspection of the interior and contents of the structure to ascertain whether this section and the regulations adopted under this section are complied with at all times.

(d) The State Fire Marshal may authorize the removal of vegetation that is not consistent with the standards of this section. The State Fire Marshal may prescribe a procedure for the removal of that vegetation and make the expense a lien upon the building, structure, or grounds, in the same manner that is applicable to a legislative body under Section 51186 of the Government Code.

(e) (1) The State Fire Marshal shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor fire pits.

(2) The State Fire Marshal shall develop a guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure, based on regulations promulgated by the State Fire Marshal to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers.

(f) (1) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until either (A) the board updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e), as those provisions read on January 1, 2024, or (B) the State Fire Marshal updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e).

(2) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall take effect for existing structures one year after the effective date for the new structures.

(g) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the board, in the period before the State Fire Marshal adopts or amends regulations, the State Fire Marshal, or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.

(h) As used in this section, “person” means a private individual, organization, partnership, limited liability company, corporation, or a public agency.

SEC. 11.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.