Bill Text: CA SB610 | 2023-2024 | Regular Session | Amended

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Bill Title: Fire prevention: fire hazard severity zones: local agency discretion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-06-22 - Re-referred to Coms. on NAT. RES. and L. GOV. pursuant to Assembly Rule 96. [SB610 Detail]

Download: California-2023-SB610-Amended.html

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Amended  IN  Assembly  June 19, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 610

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Introduced by Senator Laird Wiener

February 15, 2023

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An act to amend Section 25217.5 51179 of the Public Resources Government Code, relating to energy. fire prevention.

LEGISLATIVE COUNSEL'S DIGEST

SB 610, as amended, Laird Wiener. State Energy Resources Conservation and Development Commission: chair: report to the Legislature. Fire prevention: fire hazard severity zones: local agency discretion.

Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance transmitted to the State Board of Forestry and Fire Protection, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. Existing law prohibits a local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.

This bill would require a local agency to make a finding of necessity supported by substantial evidence in the record when including, as a moderate or high fire hazard severity zone, a zone not so identified by the State Fire Marshal. The bill would eliminate the prohibition on local agencies decreasing the level of fire hazard severity zone as identified by the State Fire Marshal and would authorize a local agency, at its discretion, to exclude areas within the jurisdiction of the local agency, identified by the State Fire Marshal as moderate, high, and very high fire hazard severity zones, from designation as moderate, high, and very high fire hazard severity zones, respectively, following a finding supported by substantial evidence in the record of the necessity of the exclusion.

Existing law requires a local agency to transmit a copy of an adopted ordinance to the State Board of Forestry and Fire Protection within 30 days of adoption. Under existing law, changes made by a local agency to the recommendations made by the State Fire Marshal are final and are not rebuttable by the State Fire Marshal.

This bill would delete that explicit prohibition on the State Fire Marshal rebutting a change made by a local agency. The bill would instead require a local agency that has made changes to the recommendations made by the State Fire Marshal to provide a public comment period of 60 days, as provided, and would provide that the ordinance shall not be considered adopted until it is approved by the State Fire Marshal.

Existing law establishes the State Energy Resources Conservation and Development Commission consisting of 5 members and establishes various duties and responsibilities of the commission relating to energy usage in the state. Existing law requires the Governor to designate a chair of the commission and requires the chair to direct the adviser, the executive director, and other staff of the commission in the performance of their duties in conformance with the policies and guidelines established by the commission.

This bill would require the chair of the commission to appear annually before the appropriate policy committees of the Legislature to report on activities of the commission, as specified.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 51179 of the Government Code is amended to read:

51179.

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

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

(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. respectively, following a finding supported by substantial evidence in the record of the necessity of the inclusion.

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

(3) A local agency may, at its discretion, exclude areas within the jurisdiction of the local agency, identified as moderate, high, and very high fire hazard severity zones by the State Fire Marshal, from designation as moderate, high, and very high fire hazard severity zones, respectively, following a finding supported by substantial evidence in the record of the necessity of the exclusion.

(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) or (d), as applicable, to the State Board of Forestry and Fire Protection within 30 days of adoption.

(d) Changes made by a A local agency that has made changes to the recommendations made by the State Fire Marshal Marshal, pursuant to subdivision (b), shall be final and shall not be rebuttable by the provide a public comment period of 60 days, commencing after the initial designation described in subdivision (a). The ordinance shall not be considered adopted by the local agency until it is approved by the State Fire Marshal.

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

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

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

SECTION 1.Section 25217.5 of the Public Resources Code is amended to read:

25217.5.

(a)The chair of the commission shall direct the adviser, the executive director, and other staff in the performance of their duties in conformance with the policies and guidelines established by the commission.

(b)(1)The chair of the commission shall appear annually before the appropriate policy committees of the Legislature to report on the commission’s plans to carry out the commission’s responsibilities, including, but not limited to, its activities regarding all of the following:

(A)Research, development, and demonstration.

(B)Building and appliance efficiency standards.

(C)Electricity and natural gas demand forecasts.

(D)Siting of thermal powerplants.

(E)Implementation of the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) and energy labeling.

(F)Transportation fuels and alternative fuel vehicles.

(2)The chair of the commission shall also report on the activities taken by the commission in the previous year and the processes instituted to solicit input from Californians in diverse regions of the state.

(3)The chair shall report on the successes and challenges encountered in carrying out the responsibilities specified in paragraph (1) and the instituted activities and processes reported pursuant to paragraph (2).