Bill Text: CA SB12 | 2021-2022 | Regular Session | Amended
Bill Title: Local government: planning and zoning: wildfires.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2022-06-15 - June 15 set for first hearing canceled at the request of author. [SB12 Detail]
Download: California-2021-SB12-Amended.html
Amended
IN
Assembly
May 24, 2022 |
Amended
IN
Assembly
July 01, 2021 |
Amended
IN
Senate
May 04, 2021 |
Introduced by Senators McGuire and Stern (Coauthors: Senators Atkins, Caballero, and Dodd) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
(9) 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 no reimbursement is required by this act for a specified reason.
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.
Section 65007 of the Government Code is amended to read:65007.
As used in Sections 65302.9, 65860.1, 65865.5, 65962, and 66474.5, the following terms have the following meanings, unless the context requires otherwise:SEC. 2.
Section 65011 is added to the Government Code, to read:65011.
For the purposes of Sections 65012, 65013, 65302, 65302.11, 65860.2, 65865.6, 65962.3, and 66474.03, unless the context requires otherwise, the following terms have the following meanings:SEC. 3.
Section 65012 is added to the Government Code, to read:65012.
(a) For the purposes of Sections 65302.11, 65860.2, 65865.6, 65962.3, and 66474.03, “wildfire risk reduction standard” means the following:SEC. 4.
Section 65013 is added to the Government Code, to read:65013.
(a) By January 1, 2023, the Office of the State Fire Marshal, in consultation with the Office of Planning and Research and the State Board of Forestry and Fire Protection, shall do all of the following:SEC. 5.
Section 65040.18 is added to the Government Code, to read:65040.18.
By January 1, 2023, the Office of Planning and Research, in collaboration with cities and counties, shall identify local ordinances, policies, and best practices relating to land use planning in very high fire risk areas, wildfire risk reduction, and wildfire preparedness and publish these resources on the clearinghouse established pursuant to Section 71360 of the Public Resources Code. The office shall include in the clearinghouse any comprehensive retrofit strategies submitted pursuant to subparagraph (E) of paragraph (6) of subdivision (g) of Section 65302. The office shall regularly update the clearinghouse materials made available pursuant to this section. For purposes of this section, “very high fire risk area” has the same meaning as defined in Section 65011.The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a)A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location
and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1)Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California
Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2)Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A)In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B)The following definitions govern this paragraph:
(i)“Military readiness activities” mean all of the following:
(I)Training, support, and operations that prepare the members of the military for combat.
(II)Operation, maintenance, and security of any military installation.
(III)Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii)“Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined
in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b)(1)A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2)(A)Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context
of the general plan.
(B)For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c)A housing element as provided in Article 10.6 (commencing with Section 65580).
(d)(1)A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land
use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2)The conservation element may also cover all of the following:
(A)The
reclamation of land and waters.
(B)Prevention and control of the pollution of streams and other waters.
(C)Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D)Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E)Protection of watersheds.
(F)The location, quantity, and quality of the rock, sand, and gravel resources.
(3)Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify
rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e)An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f)(1)A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A)Highways and freeways.
(B)Primary arterials and major local streets.
(C)Passenger and freight online railroad operations and ground rapid transit systems.
(D)Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E)Local industrial plants, including, but not limited to, railroad classification yards.
(F)Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2)Noise contours shall be shown for all of these sources and stated in
terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F), inclusive, of paragraph (1).
(3)The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4)The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
(g)(1)A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2)The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A)Identify information regarding flood hazards, including, but not limited to, the following:
(i)Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii)National Flood Insurance Program maps published by FEMA.
(iii)Information about flood hazards that is available from the
United States Army Corps of Engineers.
(iv)Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v)Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi)Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii)Maps of levee protection zones.
(viii)Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix)Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x)Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi)Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B)Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the
community from the unreasonable risks of flooding, including, but not limited to:
(i)Avoiding or minimizing the risks of flooding to new
development.
(ii)Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii)Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv)Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v)Establishing cooperative working relationships among public
agencies with responsibility for flood protection.
(C)Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3)Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard
Planning–General Plan Technical Advice Series” and shall also include all of the following:
(A)Information regarding fire hazards, including, but not limited to, all of the following:
(i)Fire hazard severity zone maps available from the Department of Forestry and Fire Protection.
(ii)Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii)Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv)General location and distribution of existing and planned uses of land in very
high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations.
(v)Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B)A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C)A set of
feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii)Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii)Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv)Working cooperatively with public agencies with responsibility for fire protection.
(D)If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4)Upon the next revision of a local hazard mitigation
plan,
adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A)(i)A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed
pursuant to paragraphs (2) and (3).
(ii)Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I)Information from the internet-based Cal-Adapt tool.
(II)Information from the most recent version of the California Adaptation Planning Guide.
(III)Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV)Information from local agencies on their current ability to deal with the impacts of climate change.
(V)Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI)Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII)Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B)A set of
adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C)A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B) including, but not limited to, all of the following:
(i)Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii)The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction
methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii)The designation of adequate and feasible infrastructure located in an at-risk area.
(iv)Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v)The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to
climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D)(i)If a city or county has
adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii)Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each
requirement of this subdivision has been met.
(5)Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6)Upon the next revision of the housing element or the hazard mitigation plan, after July 1, 2024, whichever occurs first, the safety element shall be reviewed and updated as necessary to include a comprehensive retrofit strategy for residential developments to reduce the risk of property loss and damage during wildfires. The comprehensive retrofit strategy shall include, but is not limited to, all of the following:
(A)A list of the types of retrofits needed in an area based on fire risk.
(B)A process for identifying and inventorying residential structures in need of retrofit for fire hardening. The strategy shall prioritize the identification and inventorying of residential structures in very high fire risk areas.
(C)Goals and milestones for completing needed retrofit work.
(D)Potential funding sources and financing strategies to pay for needed retrofits on public and private property.
(E)Once adopted, the planning agency shall submit the adopted comprehensive retrofit strategy to the Office of Planning and Research
for inclusion in the clearinghouse established pursuant to Section 71360 of the Public Resources Code.
(7)After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), (5), and (6), the planning agency shall
review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards, climate adaptation and resiliency strategies, and retrofit updates applicable to the city or county that was not available during the previous revision of the safety element.
(8)Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the
flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(9)Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(10)To the extent that a county’s safety element is sufficiently detailed and contains appropriate
policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
(h)(1)An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A)Identify objectives and policies to reduce the unique or compounded health risks
in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B)Identify objectives and policies to promote civic engagement in the public decisionmaking process.
(C)Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2)A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of
two or more elements concurrently on or after January 1, 2018.
(3)By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
(4)For purposes of this subdivision, the following terms shall apply:
(A)“Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B)“Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C)“Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low
income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
SEC. 6.
Section 65302 of the Government Code is amended to read:65302.
The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:(6)
(7)
(8)
(9)
SEC. 7.
Section 65302.11 is added to the Government Code, to read:65302.11.
(a) Upon each revision of the housing element on or after July 1, 2024, each city or county that contains residential structures in a very high fire risk area shall amend the land use element of its general plan to contain all of the following with respect to residential lands located within a very high fire risk area:SEC. 8.
Section 65584 of the Government Code is amended to read:65584.
(a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.SEC. 9.
Section 65584.04 of the Government Code is amended to read:65584.04.
(a) At least two years prior to a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, where applicable pursuant to this section. The methodology shall further the objectives listed in subdivision (d) of Section 65584.SEC. 10.
Section 65584.06 of the Government Code is amended to read:65584.06.
(a) For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in accordance with Section 65584 and this section. If the department determines that a county or counties, supported by a resolution adopted by the board or boards of supervisors, and a majority of cities within the county or counties representing a majority of the population of the county or counties, possess the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the distribution of the regional housing need, the department shall delegate this responsibility to the cities and county or counties.SEC. 11.
Section 65860.2 is added to the Government Code, to read:65860.2.
(a) Not more than 12 months following the amendment of the land use element of a city’s or county’s general plan pursuant to Section 65302.11, each city or county that contains a very high fire risk area, as defined in Section 65011, shall adopt a very high fire risk overlay zone or otherwise amend its zoning ordinance so that it is consistent with the general plan, as amended.SEC. 12.
Section 65865.6 is added to the Government Code, to read:65865.6.
(a) Notwithstanding any other law and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, the legislative body of a city or county that contains a very high fire risk area, as defined in Section 65011, shall not enter into a development agreement for a residential development that is located within such a very high fire risk area unless the city or county finds, based on substantial evidence in the record that the residential development project and all residential structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards in effect at the time that the development agreement is entered into, or wildfire protection standards adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time that the development agreement is entered into.SEC. 13.
Section 65962.3 is added to the Government Code, to read:65962.3.
(a) Notwithstanding any other law, and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, a city or county that contains a very high fire risk area, as defined in Section 65011, shall not approve a discretionary permit or other discretionary entitlement that would result in the construction of a new residential building or construction that would result in an increase in allowed occupancy for an existing residential building, or a ministerial permit that would result in the construction of a new residence, for a project that is located within such a very high fire risk area unless the city or county finds, based on substantial evidence in the record that the project and all structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards defined in Section 65012, or wildfire protection standards in effect at the time the application for the permit or entitlement is deemed complete, adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time the application for the permit or entitlement is deemed complete. Approval of a final map or parcel map that conforms to a previously approved tentative map pursuant to Section 66458 shall not constitute approval of a ministerial permit for purposes of this section.SEC. 14.
Section 66474.03 is added to the Government Code, to read:66474.03.
(a) Notwithstanding any other law and subject to subdivision (b), after the amendments to the land use element of the city’s or county’s general plan and zoning ordinances required by Sections 65302.11 and 65860.2 have become effective, each city and each county that contains a very high fire risk area, as defined in Section 65011, shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, for a residential subdivision that is located within such a very high fire risk area unless, in addition to any findings required under Section 66474.02, the city or county finds, based on substantial evidence in the record that the residential development project and all residential structures within the project are protected from wildfire risk in accordance with the wildfire risk reduction standards in effect at the time the application for the tentative map or parcel map is deemed complete, or wildfire protection standards adopted by the city or county that meet or exceed the wildfire risk reduction standards in effect at the time the application for the tentative map or parcel map is deemed complete.SEC. 15.
Section 13132.7 of the Health and Safety Code is amended to read:13132.7.
(a) Within a very high fire hazard severity zone designated by the Director of Forestry and Fire Protection pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code and within a very high fire hazard severity zone designated by a local agency pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, the entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be a fire retardant roof covering that is at least class B as defined in the Uniform Building Code, as adopted and amended by the State Building Standards Commission.SEC. 16.
Section 4123.6 is added to the Public Resources Code, to read:4123.6.
(a) For purposes of this section:SEC. 17.
Section 4290 of the Public Resources Code is amended to read:4290.
(a) The board shall 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 regulations shall conform as nearly as practicable with the regulations adopted by the State Fire Marshal pursuant to Section 65013. 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 prior to January 1, 1991, or to parcel or tentative maps or other developments approved prior to 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: No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.