Bill Text: CA SB1348 | 2019-2020 | Regular Session | Amended
Bill Title: Fire prevention: vegetation management: public education: grants: defensible space: fire hazard severity zones: forest management.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2020-08-26 - Ordered to third reading. [SB1348 Detail]
Download: California-2019-SB1348-Amended.html
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August 26, 2020 |
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August 24, 2020 |
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July 29, 2020 |
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June 18, 2020 |
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May 08, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1348
| Introduced by Senator Stern (Coauthor: Senator Beall) (Coauthor: Assembly Member Friedman) |
February 21, 2020 |
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, to add Section 4799.05.5 to, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
LEGISLATIVE COUNSEL'S DIGEST
SB 1348, as amended, Stern.
Fire prevention: vegetation management: public education: grants: defensible space: fire hazard severity zones: forest management.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.
This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones and would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a state-mandated local program.
(2) Existing law
requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.
This bill, among other things, would instead provide that fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain the 100 feet of defensible space.
This bill would also require the Director of Forestry and Fire Protection to establish a statewide program to allow qualified entities, as defined, to support and augment the Department of Forestry and Fire Protection in its defensible space and home hardening assessment and education efforts and to establish a common reporting platform for participating qualified entities to report defensible space and home hardening assessment data to the department. The bill would repeal this provision on January 1, 2025.
Existing law requires the Office of the State Fire Marshal to develop a model defensible space program that is required to be made available for use by a
city, county, or city and county in the enforcement of the above defensible space provisions. The program is required to have specified components, including general guidelines for creating and maintaining defensible space around structures, as provided.
This bill would also include as a component of the model defensible space program, provisions for fuel modifications beyond the property line, as provided.
The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval or adoption. In the absence of a designated state agency, the commission is required to adopt specific building standards, as prescribed. Existing law requires the State Fire Marshal, in consultation with the Director of Forestry and Fire
Protection and the Director of Housing and Community development, to propose specified fire protection building standards in fire hazard severity zones, including very high fire hazard severity zones, in state responsibility areas.
This bill would require the State Fire Marshal and the Department of Housing and Community Development to propose, and the State Building Standards Commission to adopt, expanded application of the above-described specified building standards to high fire hazard severity zones. The bill would also require the State Fire Marshal and the Department of Housing and Community Development to consider, if it is appropriate, expanding application of these building standards to moderate fire hazard severity zones.
This bill would also make other related changes.
(3) Existing law appropriates specified moneys to the Department of Forestry and
Fire Protection for purposes of healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires and to complete prescribed fire and other fuel reduction projects, as provided.
This bill would require, on or before January 1, 2022, the department, in consultation with the State Air Resources Board and the California Forest Management Task Force, to report to the relevant fiscal and policy committees of the Legislature on moneys spent pursuant to the above provision, as provided.
(4) Existing law requires the Department of Forestry and Fire Protection to establish a local assistance grant program for fire prevention activities in the state. Existing law requires the local assistance grant program to establish a robust year-round fire prevention effort in and near fire threatened communities. Exiting law requires
that the eligible activities include, among other things, fire prevention activities, as provided. Existing law permits the Director of Forestry and Fire Protection to authorize advance payments, not exceeding 25% of the total grant award, from a grant awarded pursuant to the local assistance grant program. Existing law requires the grantee to expend these funds from the advance payment within 6 months of receipt, as provided.
This bill, among other things, would specify that the above-described fire prevention effort in and near fire threatened communities focus on increasing the protection of people, structures, and communities, as provided. The bill would define “fire threatened communities” as provided. The bill would specifically include vegetation management along roadways and driveways to reduce fire risk, public education outreach regarding making homes and communities more wildfire resilient, projects to reduce the flammability of structures and communities
to prevent their ignition from wind-driven embers, and developing a risk reduction checklist for communities as part of the eligible activities, among other things, as provided. The bill would instead authorize an advance payment not exceeding 50% of the total grant award and would instead require the grantee to expend these funds within 12 months.
This bill would require the department to develop and implement a training program, as provided, to train individuals to support and augment the department in its defensible space and home hardening assessment and public education efforts. The bill would require the department to issue a certification of completion to individuals who have successfully completed the training program. The bill would repeal these provisions on January 1, 2025.
(5) Existing law requires the Director of Forestry and Fire
Protection to provide grants to, or enter into contracts or other cooperative agreements with, specified entities for the implementation and administration of projects and programs to improve forest health and reduce greenhouse gas emissions. Existing law requires all moneys, except for fines and penalties, collected by the State Air Resources Board, as part of a market-based compliance mechanism to reduce air emissions, to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation by the Legislature. Existing law requires that any project or program described above that is funded with moneys from the Greenhouse Gas Reduction Fund complies with all statutory and program requirements applicable to the use of moneys from the fund.
This bill would require the Department of Forestry and Fire Protection, under Good Neighbor Authority agreements entered into between the state and the federal government, as provided, to establish a program for
purposes of conducting landscape scale ecological restoration and fire resiliency projects on national forest lands, including the development of specified federal and state environmental protection documents for landscape scale ecological restoration and fire resiliency projects on national forest lands that are at least 25,000 acres. The bill would authorize the department to contract with Native American tribes, local governments, forest collaboratives, and qualified nongovernmental organizations to conduct restoration activities on federal forest lands and to develop the federal documents.
(6) This bill would incorporate additional changes to Sections 51182 and 51189 of the Government Code and Section 4291 of the Public Resources Code proposed by AB 3074 to be operative only if this bill and AB 3074 are enacted and this bill is enacted last.
(6)
(7) 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, if the Commission on State Mandates determines that the bill contains costs 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: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 51177 of the Government Code is amended to read:51177.
As used in this chapter:(a) “Defensible space” means the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.
(b) “Director” means the Director of Forestry and Fire Protection.
(c) “Fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.
(d) “Fuel management” means the act or practice of controlling flammability and reducing resistance to control of fuels through mechanical, chemical, biological, or manual means or by fire, in support of land management objectives.
(e) “Local agency” means a city, county, city and county, or district responsible for fire protection within a very high fire hazard severity zone.
(f) “Single specimen tree” means any live tree that stands alone in the landscape so as to be clear of buildings, structures, combustible vegetation, or other trees, and that does not form a means of rapidly transmitting fire from the vegetation to an occupied dwelling or structure or from an occupied dwelling or structure to vegetation.
(g) “State responsibility areas” means those areas identified pursuant to Section 4102 of the Public Resources Code.
(h) “Vegetation” means all plants, including trees, shrubs, grass, and perennial or annual plants.
(i) “Very high fire hazard severity zone” means an area designated by the director pursuant to Section 51178 that is not a state responsibility area.
(j) “Wildfire” means an unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire.
SEC. 2.
Section 51178 of the Government Code is amended to read:51178.
The director 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 Santa Ana, Mono, and Diablo winds have been identified by the Department of Forestry and Fire Protection as a major cause of wildfire spread.SEC. 3.
Section 51178.5 of the Government Code is amended to read:51178.5.
Within 30 days after receiving a transmittal from the director that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps.SEC. 4.
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) 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 paragraph (2). The amount of fuel modification necessary shall take into account 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 paragraph 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, the most intense being within the first 30 feet around the structure. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative
grasses and weeds.
(2) A greater distance than that required under paragraph (1) 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 or pursuant to a local ordinance. Any local ordinance shall require notification of the adjacent landowner prior to the fuel modification and 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.
(3) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under paragraph (1) 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.
(4) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(5) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(6) Maintain the roof of a structure free of leaves,
needles, or other vegetative materials.
(7) 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) The Department of Forestry and Fire Protection shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. Guidance
shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species, 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; suggestions for fuel modification beyond the property line
in order to maintain 100 feet of defensible space from a structure; 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.
SEC. 4.5.
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,(1) (A) 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 paragraph (2). subparagraph (B). The amount of fuel modification necessary shall take into account 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 paragraph 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. 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, the most intense being within the first
with more intense fuel reductions being used between 5 and 30 feet around the structure. structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Department of Forestry and Fire Protection, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The promulgation of these regulations by the State Board of Forestry and Fire Protection is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose. Consistent with fuels management
objectives, steps should be taken to minimize erosion. erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds.
(2)
(B) A greater distance than that required under paragraph (1) subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Clearance
Fuel modification beyond the property line may only be required if the
by state law, local ordinance, rule, or regulation includes findings that the clearing 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. Clearance on adjacent property shall only be conducted following written consent by the adjacent landowner. 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 or pursuant to a local ordinance. Any local ordinance shall require notification of the adjacent landowner prior to the fuel modification and 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.
(3)
(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under paragraph (1) subparagraph (A) if a fire expert, designated by the fire chief or fire official from the authority having jurisdiction, provides
findings that the clearing
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.
(4)
(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(5)
(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(6)
(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(7)Prior to
(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 Board of Forestry and Fire Protection, in consultation with the Department of Forestry and Fire Protection
Protection, shall develop, periodically update, and post on its Internet Web site internet website a guidance document on fuels management pursuant to this chapter. Guidance The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species, 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; suggestions for fuel modification beyond the property line in order to maintain 100 feet of defensible space from a structure; 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) On or before January 1, 2023, the State Board of Forestry and Fire Protection, in consultation with the Department of Forestry and Fire Protection, shall
update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Department of Forestry and Fire Protection, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The implementation of this paragraph is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
(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 State Board of Forestry and Fire Protection or the Department of Forestry and Fire Protection to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
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 the Department 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.
(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. 5.5.
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 of Forestry and Fire Protection and
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 of Forestry and Fire Protection and 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 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.
(B)
(C) Suggested minimum qualifications needed for enforcement personnel.
(C)
(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 the department
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.
(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 13108.5 of the Health and Safety Code is amended to read:13108.5.
(a) The State Fire Marshal, in consultation with the Director of Forestry and Fire Protection and the Director of Housing and Community Development, shall, pursuant to Section 18930, propose fire protection building standards for roofs, exterior walls, structure projections, including, but not limited to, porches, decks, balconies, and eaves, and structure openings, including, but not limited to, attic and eave vents and windows of buildings in fire hazard severity zones, including very high fire hazard severity zones 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.(b) (1) Building standards adopted pursuant to this section shall also apply to buildings located in very high fire hazard severity zones designated pursuant to Chapter 6.8 (commencing with Section 51175) of Part 1 of Division 1 of Title 5 of the Government Code, and other areas designated by a local agency following a finding supported by substantial evidence in the record that the requirements of the building standards adopted pursuant to this section are necessary for effective fire protection within the area.
(2) Upon identification by the Director of Forestry and Fire Protection pursuant to Section 51178 of the Government Code of high fire hazard severity zones and by a local agency pursuant to Section 51179 of the Government Code, the Office of the State Fire
Marshal and the Department of Housing and Community Development shall propose, and the Building Standards Commission shall adopt, expanded application of the building standards adopted pursuant to this section to high fire hazard severity zones during the next regularly occurring code adoption cycle.
(3) The State Fire Marshal and the Department of Housing and Community Development shall, after consulting with interested stakeholders, including local fire officials, consider if it is appropriate to expand application of the building standards adopted pursuant to this section to moderate fire hazard severity zones. If it is found appropriate, the State Fire Marshal and the Department of Housing and Community Development shall, pursuant to Section 18930, recommend expanding the application of the building standards adopted pursuant to
this section to moderate fire hazard severity zones.
(c) Building standards adopted pursuant to this section shall also apply to buildings located in urban wildland interface communities. A local agency may, at its discretion, include in or exclude from the requirements of these building standards any area in its jurisdiction following a finding supported by substantial evidence in the record at a public hearing that the requirements of these building standards are necessary or not necessary, respectively, for effective fire protection within the area. Changes made by a local agency to an urban wildland interface community area following a finding supported by substantial evidence in the record shall be final and shall not be rebuttable.
(d) For purposes of subdivision (c),
“urban wildland interface community” means a community listed in “Communities at Risk from Wild Fires,” produced by the California Department of Forestry and Fire Protection, Fire and Resource Assessment Program, pursuant to the National Fire Plan, federal Fiscal Year 2001 Department of the Interior and Related Agencies Appropriations Act (Public Law 106-291).
SEC. 7.
Section 4123.8 is added to the Public Resources Code, immediately following Section 4123.7, to read:4123.8.
(a) On or before January 1, 2022, the department, in consultation with the State Air Resources Board and the California Forest Management Task Force, shall report to the relevant fiscal and policy committees of the Legislature on funds spent pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018). The report shall include, but not be limited to, all of the following information:(1) The outcomes of the projects implemented, including, but not limited to, a description of the benefits for public safety, fire prevention, habitat, climate resiliency, and protection of important natural resources, including water quality and water supply.
(2) A description of the projected greenhouse gas emission and carbon sequestration impacts for the year of implementation of a project and for 5-year intervals thereafter to at least 50 years after implementation.
(3) Recommendations for modifying the forest health grant program, established pursuant to Section 4799.05, and the local assistance grant program, established pursuant to Section 4124.5, to improve outcomes, benefits, durability of benefits, and statewide benefits.
(4) An assessment of the potential benefits, including unmet need, for continuing the commitment made pursuant to Section 45 of Senate Bill 901 (Chapter 626, Statutes of 2018) beyond the 2023–24 fiscal year.
(b) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2026.
SEC. 8.
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, 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 director 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 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 defensible space training.
(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) Until January 1, 2024, the director may authorize advance payments from a grant awarded pursuant to this section. The advance shall not exceed 50 percent of the total grant award.
(2) The grantee shall expend the funds from the advance payment within 12 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) The department may expand or amend an existing grant program to meet the requirements of this
section.
(g) Funding for the local assistance grant program created pursuant to this section shall be made upon appropriation by the Legislature.
SEC. 9.
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) 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 paragraph (2). The amount of fuel modification necessary shall take into account 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 paragraph 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, the most intense being within the first 30 feet around the structure. 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 paragraph, “fuel” means any combustible material, including petroleum-based products, cultivated
landscape plants, grasses, and weeds, and wildland vegetation.
(2) A greater distance than that required under paragraph (1) 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 or pursuant to a local ordinance. Any local ordinance shall require notification of the adjacent landowner prior to the fuel modification and shall adhere to all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.
(3) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under paragraph (1) 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.
(4) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(5) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(6) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(7) 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 director 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 department, in a form as the director 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 director may authorize the removal of vegetation that is not consistent with the standards of this section. The director 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) The department shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. Guidance 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; suggestions for fuel modification beyond the property line in order to maintain 100 feet of defensible space from a structure; 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.
(f) As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation.
SEC. 9.5.
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,(1) (A) Maintain defensible space of 100
feet from each side and from the front and rear of the structure, but not beyond the property line line, except as provided in paragraph (2). subparagraph (B). The amount of fuel modification necessary shall take into account 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 paragraph 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. 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, the most intense being within the first
with more intense fuel reductions being utilized between 5 and 30 feet around the structure. structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The promulgation of these regulations by the board is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose. Consistent with fuels management objectives, steps should be taken to minimize erosion. For the
erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this paragraph, subparagraph, “fuel” means any combustible material, including petroleum-based products and wildland fuels. products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.
(2)
(B) A greater distance than that required under paragraph (1) subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Clearance Fuel modification beyond the property line may only be required if the
by state law, local ordinance, rule, or regulation includes findings that the
clearing 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. Clearance on adjacent property shall only be conducted following written consent by the adjacent landowner. 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 or pursuant to a local ordinance. Any local ordinance shall require notification of the adjacent landowner prior to the fuel modification and shall adhere to all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.
(3)
(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under paragraph (1) subparagraph (A) if a fire expert, designated by the director, provides findings that the clearing 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.
(4)
(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(5)
(3) Maintain a tree, shrub, or other plant adjacent to or
overhanging a building free of dead or dying wood.
(6)
(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(7)Prior to
(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 director 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 department, in a form as the director 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 director may authorize the removal of vegetation that is not consistent with the standards of this section. The director 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 department
board, in consultation with the department, shall develop, periodically update, and post on its Internet Web site internet website a guidance document on fuels management pursuant to this chapter. Guidance 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;
suggestions for fuel modification beyond the property line in order to maintain 100 feet of defensible space from a structure; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor lawn furniture. fire pits.
(2) On or before January 1, 2023, the board, in consultation with the department, shall update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The implementation of this paragraph is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
(f) (1) The department shall do both of the following:
(A) Recommend to the board the types of vegetation or fuel that
are to be excluded from an ember-resistant zone based on the probability that vegetation and fuel will lead to ignition by ember of a structure as a part of the update to the guidance document pursuant to paragraph (2) of subdivision (e).
(B) Make reasonable efforts to provide notice to affected residents describing the requirements added by the amendments to paragraph (1) of subdivision (a) made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.
(2) The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
(g) (1) The requirement for an
ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until the board 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.
(h) The department shall not change defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the director makes a written finding, which the director shall post on the department’s internet website, that the Legislature has appropriated sufficient resources to do so.
(i) 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 or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
(f)
(j) As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation.
SEC. 10.
Section 4291.5 is added to the Public Resources Code, to read:4291.5.
(a) For purposes of this section, the following definitions apply:(1) “Home hardening” means the replacement or repair of structural features that are affixed to the property with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of Title 24 of the California Code of Regulations.
(2) “Qualified entities” mean means the following entities that have completed the program developed,
developed and received a certification, pursuant to Section 4291.6:
(A) Counties, state conservancies, special districts, and other political subdivisions of the state.
(B) Members of the California Conservation Corps, local conservation corps, resource conservation districts, fire safe councils, and Firewise USA organizations.
(C) University of California fire advisors.
(D) Registered Professional Foresters.
(E) Other entities or individuals deemed appropriate by the director.
(3) “Wildfire safety improvements” mean
wildfire resilience and fire safety improvements, including measures for home hardening, the creation of defensible space, and other appropriate fuel reduction activities, to residential, commercial, industrial, agricultural, or other real property identified by the State Fire Marshal, in consultation with the director.
(b) The director shall establish a statewide program to allow qualified entities to support and augment the department in its defensible space and home hardening assessment and education efforts. Qualified entities participating in the program shall be authorized by the director to conduct defensible space assessments to assess compliance with Section 4291 within the state responsibility area, educate property owners about wildfire safety improvements that may be undertaken to harden a structure and make it more
resistant to fire, and assess whether wildfire safety improvements have been completed in or on a structure.
(c) (1) The director shall establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department and shall establish any necessary quality control measure to ensure that the assessment data is accurate and reliable.
(2) The department shall compile the data submitted pursuant to paragraph (1).
(d) The director may use the defensible space and home hardening assessment data to do any of the following:
(1) Direct inspection and enforcement
resources away from landowners who meet or exceed the department’s standards and regulations for maintaining defensible space.
(2) Direct inspection and enforcement resources toward landowners who do not meet the department’s standards and regulations for maintaining defensible space.
(3) Direct educational resources toward landowners who own or maintain structures that can be hardened to make them more resistant to fire.
(4) Assist in estimating defensible space compliance in the state responsibility area.
(e) The department may expand or amend existing programs for the implementation of this section.
(f) This section does not grant any right of entry onto private land or regulatory or enforcement authority to participating qualified entities.
(g) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 11.
Section 4291.6 is added to the Public Resources Code, to read:4291.6.
(a) (1) The Legislature finds and declares that the use of trained volunteers to assist homeowners and fire agencies in achieving compliance with defensible space requirements will provide multiple benefits, including all of the following:(A) Creating a significant public benefit by reducing the risk of the spread of wildfire.
(B) Creating significant savings for fire agencies by increasing general compliance with defensible space requirements, and thereby reducing the volume of inspections required by public agencies.
(C) Allowing fire agencies to focus their defensible space regulatory enforcement on landowners who are not in compliance after suggestions for voluntary compliance from trained volunteers.
(2) It is further the intent of the Legislature that the department do both of the following:
(A) Establish a pilot program using trained volunteers with any costs for the pilot project coming from the existing available greenhouse gas funds allocated to the department
(B) Consider using the services of the California Fire Sciences Consortium and the Regional Forestry and Fire Capacity program at the Natural Resources Agency to implement this section.
(b) The
department shall develop and implement a training program to train individuals to support and augment the department in its defensible space and home hardening assessment and public education efforts. The training program shall do both of the following:
(1) Provide for consistent training for third-party assessors who shall function to provide nonregulatory assistance to homeowners to reduce fire risk and to achieve compliance with defensible space requirements.
(2) Ensure that all defensible space and home hardening assessment and education programs undertaken by the department and by third parties are conducted to the same standard and use coordinated messaging, including messages at www.readyforwildfire.org or a successor
internet website, as updated by the department.
(c) Upon an individual’s successful completion of the training program, the department shall issue a certification of completion to the individual.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 12.
Section 4799.05.5 is added to the Public Resources Code, immediately following Section 4799.05, to read:4799.05.5.
Under Good Neighbor Authority agreements entered into between the state and the federal government pursuant to Section 2113a of Title 16 of the United States Code, the department shall establish a program for purposes of conducting landscape scale ecological restoration and fire resiliency projects on national forest lands, including the development of federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) documents, and documents prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), for landscape scale ecological restoration and fire resiliency projects on national forest lands that are at least 25,000 acres. The department may contract with Native American tribes, local governments, forest collaboratives, and qualified nongovernmental organizations to conduct restoration activities on federal forest lands and to develop the federal documents.SEC. 13.
(a) Section 4.5 of this bill incorporates amendments to Section 51182 of the Government Code proposed by both this bill and Assembly Bill 3074. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2021, (2) each bill amends Section 51182 of the Government Code, and (3) this bill is enacted after Assembly Bill 3074, in which case Section 4 of this bill shall not become operative.(b) Section 5.5 of this bill incorporates amendments to Section 51189 of the Government Code proposed by both this bill and Assembly Bill 3074. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2021, (2) each bill amends Section 51189 of the Government Code, and (3) this bill is enacted after Assembly Bill 3074, in which case Section 5 of this bill shall not become operative.
(c) Section 9.5 of this bill incorporates amendments to Section 4291 of the Public Resources Code proposed by both this bill and Assembly Bill 3074. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2021,
(2) each bill amends Section 4291 of the Public Resources Code, and (3) this bill is enacted after Assembly Bill 3074, in which case Section 9 of this bill shall not become operative.
