Bill Text: CA SB375 | 2025-2026 | Regular Session | Introduced
Bill Title: Wildfire prevention activities: Endangered Species Act: California Environmental Quality Act: California Coastal Act of 1973.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-26 - Referred to Coms. on N.R. & W. and E.Q. [SB375 Detail]
Download: California-2025-SB375-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Senate Bill
No. 375
| Introduced by Senator Grove |
February 13, 2025 |
An act to add Article 3.6 (commencing with Section 2089.01) to Chapter 1.5 of Division 3 of the Fish and Game Code, and to amend Sections 21080 and 30600 of the Public Resources Code, relating to wildfire prevention.
LEGISLATIVE COUNSEL'S DIGEST
SB 375, as introduced, Grove.
Wildfire prevention activities: Endangered Species Act: California Environmental Quality Act: California Coastal Act of 1973.
(1) The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to 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. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided.
This bill would
authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or
streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2026, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2027, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary.
(2) The
California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
The California Coastal Act of 1976 (Coastal Act) requires any person wishing to perform or undertake any development in the coastal zone, as defined, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local
agency, to obtain a coastal development permit, as provided.
This bill would exempt from the requirements of CEQA a project for the reduction of fuels in areas within moderate, high, and very high fire hazard severity zones, as provided. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program. The bill would also exempt those projects from the Coastal Act’s requirement of obtaining a coastal development permit.
(3) 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.
Article 3.6 (commencing with Section 2089.01) is added to Chapter 1.5 of Division 3 of the Fish and Game Code, to read:Article 3.6. Incidental Take Associated with Wildfire Preparedness Activities
2089.01.
(a) The Legislature finds and declares the importance of undertaking wildfire preparedness activities to reduce the risk of catastrophic wildfire. It is the intent of the Legislature that this article provides for enhanced consultation and coordination between agencies seeking to implement vegetation management and other wildfire preparedness activities and the department in order to facilitate the subsequent application for and timely approval of any necessary incidental take permits required before undertaking the wildfire preparedness activities.(b) A city, county, city and county, special district, or other local agency may submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land
designated as a fire hazard severity zone, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of the Public Resources Code, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species.
(c) A wildfire preparedness plan submitted pursuant to subdivision (b) shall include all of the following:
(1) The name and contact information of the participating local agency.
(2) A brief description of the planned wildfire preparedness activities, including a description of the lands within the fire hazard severity zone.
(3) The approximate dates for which wildfire preparedness activities are proposed to occur.
(4) A description of the
candidate, endangered, and threatened species within the plan area.
(5) (A) A description of how the local agency is compliant with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and any planned environmental mitigation or conservation measures the local agency plans to take.
(B) The planned environmental mitigation or conservation measures pursuant to paragraph (A) shall include, as applicable, measures to avoid, minimize, and fully mitigate the take of candidate, endangered, and threatened species during the practices to be conducted under the wildfire preparedness plan.
(d) (1) Within 90 days of receipt of the wildfire preparedness plan, the department shall, if sufficient information is included in
the wildfire preparedness plan for the department to determine if an incidental take permit is required, notify the local agency if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program.
(2) The department shall provide the local agency with the following guidance, as applicable, in its notification:
(A) A description of candidate, endangered, and threatened species within the plan area.
(B) Measures to avoid, minimize, and fully mitigate the take of candidate, endangered, and threatened species during practices conducted under the plan.
(C) Any additional guidance to facilitate the completion and approval of a local agency’s application to the department for an incidental take permit pursuant to Section 2081.
(3) The department shall consult with the State Board of Forestry and Fire Protection and the Department of Forestry and Fire Protection if technical assistance to evaluate a wildfire preparedness plan is needed.
(e) On or before July 1, 2026, the department shall make publicly available on its internet website a standard form for a local agency to use when submitting a wildfire preparedness plan pursuant to subdivision (b).
(f) (1) If the department determines any activities in a wildfire preparedness plan submitted pursuant to subdivision (b) require an
incidental take permit, the department shall approve or deny the incidental take permit consistent with Section 2081 within 45 days of receiving a complete incidental take permit application from the local agency.
(2) An incidental take permit approved pursuant to this subdivision shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by the department.
(g) Commencing January 1, 2027, the department shall annually post a summary of wildfire preparedness plans submitted pursuant to subdivision (b) on its internet website, including, but not limited to, the status of the wildfire preparedness plans, information regarding which regions of the state the wildfire preparedness plans were received from, the dates when the wildfire preparedness plans were submitted, the number of incidental take permits issued pursuant to this section, and
a summary of the other considerations, exemptions, or streamlined pathways local agencies were advised can be used to advance wildfire preparation activities.
(h) This section does not preclude the department and a local agency from mutually agreeing to an extension of a timeline described in subdivision (d) or (f).
(i) For the purposes of this article, a “wildfire preparedness plan” means a plan designed by a local agency or jurisdiction that meets all of the following criteria:
(1) Protects communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.
(2) Is supported by
the best available scientific information for both wildfire preparedness and conservation practices.
(3) Is designed to provide sufficient flexibility to maximize participation and to gain the maximum protection of life and property from the threat of wildfire without compromising wildlife benefits.
SEC. 2.
Section 21080 of the Public Resources Code is amended to read:21080.
(a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.(b) This division does not apply to any of the following activities:
(1) Ministerial projects proposed to be carried out or approved by public agencies.
(2) Emergency repairs to public service facilities necessary to maintain
service.
(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(4) Specific actions necessary to prevent or mitigate an emergency.
(5) Projects that a public agency rejects or disapproves.
(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the
conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.
(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for
the Olympic Games.
(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.
(9) All classes of projects designated pursuant to Section 21084.
(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code.
(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.
(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.
(13) A project for the development of a regional
transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.
(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.
(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required
by Section 21080.5 is subject to this division.
(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.
(17) A project for the reduction of fuels in areas within moderate, high, and very high fire hazard severity zones identified pursuant to Section 51178 of the Government Code, including, but not limited to, a project for the removal or reduction of overgrown vegetation through the use of prescribed fire, tree thinning, pruning, chipping, or roadway clearance.
(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment,
the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:
(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.
(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the
environment.
(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.
(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.
(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.
(f) As a result of the public review process for a mitigated negative
declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.
(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.
SEC. 3.
Section 30600 of the Public Resources Code is amended to read:30600.
(a) Except as provided in subdivision (e), and in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, any person, as defined in Section 21066, wishing to perform or undertake any development in the coastal zone, other than a facility subject to Section 25500, shall obtain a coastal development permit.(b) (1) Prior to certification of its local coastal program, a local government may, with respect to any development within its area of jurisdiction in the coastal zone and consistent with the provisions of Sections 30604, 30620, and 30620.5, establish procedures for the filing, processing, review, modification, approval, or denial of a coastal development permit. Those
procedures may be incorporated and made a part of the procedures relating to any other appropriate land use development permit issued by the local government.
(2) A coastal development permit from a local government shall not be required by this subdivision for any development on tidelands, submerged lands, or on public trust lands, whether filled or unfilled, or for any development by a public agency for which a local government permit is not otherwise required.
(c) If prior to certification of its local coastal program, a local government does not exercise the option provided in subdivision (b), or a development is not subject to the requirements of subdivision (b), a coastal development permit shall be obtained from the commission or from a local government as provided in subdivision (d).
(d) After certification
of its local coastal program or pursuant to the provisions of Section 30600.5, a coastal development permit shall be obtained from the local government as provided for in Section 30519 or Section 30600.5.
(e) This section does not apply to any of the following projects, except that notification by the agency or public utility performing any of the following projects shall be made to the commission within 14 days from the date of the commencement of the project:
(1) Immediate emergency work necessary to protect life or property or immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. This paragraph does not exempt from this section any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(3) A project for the reduction of fuels in areas within moderate, high, and
very high fire hazard severity zones identified pursuant to Section 51178 of the Government Code, including, but not limited to, a project for the removal or reduction of overgrown vegetation through the use of prescribed fire, tree thinning, pruning, chipping, or roadway clearance.
