Bill Text: CA SB182 | 2019-2020 | Regular Session | Amended
Bill Title: Local government: planning and zoning: wildfires.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2020-09-30 - In Senate. Consideration of Governor's veto pending. [SB182 Detail]
Download: California-2019-SB182-Amended.html
Amended
IN
Assembly
September 03, 2019 |
Amended
IN
Assembly
July 03, 2019 |
Amended
IN
Senate
May 24, 2019 |
Amended
IN
Senate
April 30, 2019 |
Amended
IN
Senate
March 28, 2019 |
Introduced by Senator Jackson |
January 29, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(5)Existing law requires, for
any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the land’s ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of such larger trees over time.
This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020,
wherein land subject to the easement is comprised of specified forestland, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the terms of the conservation easement address maintaining and improving forest health and resiliency to disturbances in order to conserve and enhance the land’s ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structure and species composition, as specified.
(6)
(7)
This bill would require an unspecified amount of those funds to be allocated by the Department of Forestry and Fire Protection for grants to cities and counties that contain one or more very high fire risk areas for programs and projects that have the dual benefit of controlling the spread of wildfire and improving life safety, as specified. The bill would require the department to prioritize local assistance grant funding applications from local agencies based on the proportion of land located in very high fire risk areas or on the recommendation of the State Board of Forestry and Fire Protection for fire safety improvements.
(8)
(9)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SEC. 2.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. 3.SEC. 2.
Section 65011 is added to the Government Code, to read:65011.
For the purposes of Sections 65302.11, 65860.2, 65865.6, 65962.1, and 66474.03, unless the context requires otherwise, the following terms have the following meanings:SEC. 4.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, 65962.1, and 66474.03, “wildfire risk reduction standard” means the following:(vii)Section 3.07 of Article 3 of Subchapter 1 of
Chapter 1 of
Division 1 of Title 19 of the California Code of Regulations.
(D)Sections 4.1, 4.1.1, 4.1.2, 4.3.1, 4.3.2, 4.3.4, 4.7.1, 4.7.2, and 4.7.3 of the 2014 edition of the NFPA 1720: Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations and Special Operations to the Public by Volunteer Fire Departments, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(E)Chapters 3 to 7, inclusive, of the 2017 edition of the NFPA 1141: Standard for Fire Protection Infrastructure for Land Development in Wildland, Rural, and Suburban Areas, or with the successor regulations adopted
by the State Fire Marshal pursuant to Section 65013.
(F)The 2017 edition of the NFPA 1142: Standard on Water Supplies for Suburban and Rural Fire Fighting, or with the successor regulations adopted by the State Fire Marshal pursuant to Section 65013.
(G)Chapter 6 of the 2018 edition of the NFPA 1144: Standard for Reducing Structure Ignition Hazards from Wildland Fire, or with the successor
regulations adopted by the State Fire Marshal pursuant to Section 65013.
SEC. 5.SEC. 4.
Section 65013 is added to the Government Code, to read:65013.
(a) On or before January 1,(ii)Separation from wildfire sources.
(iii)
(3)(A)Update
(B)
(b)
(c)
(d)
SEC. 6.SEC. 5.
Section 65040.16 is added to the Government Code, to read:65040.16.
On or before January 1, 2023, the Office of Planning and Research, in collaboration with cities and counties, shallSEC. 7.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:SEC. 8.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 January 1, 2021, each city or county that contains 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 lands located within a very high fire risk area:SEC. 9.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.(A)The percentage of land described in subparagraph (B) of paragraph (2) of subdivision (e) of Section 65584.04 within the jurisdiction that is located with a very high fire risk area.
(B)The percentage of the jurisdiction’s housing capacity located on sites identified pursuant to Section 65583 in the prior housing element
for the jurisdiction that is within a very high fire risk area.
(C)Whether it is likely that compliance with the wildfire risk reduction standards set forth in Section 65012 and the regulations of the State Fire Marshal adopted pursuant to Section 65013 would
effectively reduce densities on lands within the jurisdiction that are otherwise suitable for development.
(D)Whether suitable alternative sites exist outside the jurisdiction, but within the
region,
to accommodate the remaining regional housing need.
SEC. 10.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. 11.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.(c)
(d)
(e)
(f)
(g)
SEC. 12.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. 13.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 property 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 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. 14.SEC. 13.
Section 65962.1 is added to the Government Code, to read:65962.1.
(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 building or construction that would result in an increase in allowed occupancy for an existing 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. 15.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 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 project and all 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. 16.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 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.This article shall apply to any conservation easement contracted for purchase with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of existing forestlands, as defined in subdivision (g) of Section 12220, covering at least 20 percent of its area or a minimum of 40 acres, whichever is smaller. To the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, the terms of the conservation easement shall address maintaining and improving forest health and resiliency to disturbances in order to conserve and enhance the land’s ability to provide long-term carbon sequestration, climate benefits, and watershed functions. Provisions in the conservation
easement, and any required management plan, shall guide forest management, and other land management undertaken by the landowner, to promote native forest ecological structures and species composition consistent with the forest type, including stand canopy spacing and density, and the development or retention of key structural elements for climate adaptation, including, but not limited to, larger, older trees that benefit vulnerable fish and wildlife.
(a)(1)The sum of one hundred sixty-five million dollars ($165,000,000) shall be appropriated from the Greenhouse Gas Reduction Fund in the annual Budget Act each year through the 2023–24 fiscal year to the Department of Forestry and Fire Protection for healthy forest and fire prevention programs and projects that improve forest health and reduce greenhouse gas emissions caused by uncontrolled wildfires.
(2)(A)Of the amount appropriated pursuant to paragraph (1), the sum of ____ dollars ($____) shall be allocated by the Department of Forestry and Fire Protection for grants to cities and counties that contain one or more very high
fire risk areas, as defined by Section 65011 of the Government Code, for programs and projects that have the dual benefit of controlling the spread of wildfire and improving life safety, which may include, but are not limited to, any of the following:
(i)New, improved, or expanded access roads in populated areas within a very high fire risk area.
(ii)Public or private water supply or delivery facilities suitable for firefighting in a very high fire risk area.
(iii)Remote infrared cameras for detection of wildfires.
(iv)Siren warning systems for wildfires.
(B)The department shall prioritize local assistance
grant funding applications from local agencies based upon the proportion of land in the jurisdiction located within very high fire risk areas, as defined in Section 65011 of the Government Code.
(C)Upon development of the recommendations of the State Board of Forestry and Fire Protection pursuant to Section 4290.5 of the Public Resources Code, the department shall prioritize local assistance grant funding applications from local agencies for fire safety improvements recommended by the board.
(b)The sum of thirty-five million dollars ($35,000,000) shall be appropriated from the Greenhouse Gas Reduction Fund in the annual Budget Act each year through the 2023–24 fiscal year to the Department of Forestry and Fire Protection to complete prescribed fire and other fuel
reduction projects through proven forestry practices consistent with the recommendations of the Forest Carbon Plan, including the operation of year-round prescribed fire crews and implementation of a research and monitoring program for climate change adaptation.