SB 63

Bill Subjects

Abstract

(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. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill 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. This bill would also make conforming changes. (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, 2026. 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, 2026, the department, in consultation with the State Air Resources Board and the Wildfire and Forest Resilience Task Force, to report to the relevant fiscal and policy committees of the Legislature on moneys spent pursuant to the above provision, as provided. The bill would require the department to annually appear, until January 1, 2030, before specified legislative committees to provide information on the outcomes of completed projects relating to healthy forest and fire prevention programs, 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. 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 authorize an advance payment not to exceed either 50% of the total grant award or the cost of equipment, whichever amount is less, for the purpose of purchasing necessary equipment. 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, 2026. (5) This bill would incorporate additional changes to Sections 51177, 51178, 51178.5, and 51182 of the Government Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 13108.5 of the Health and Safety Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 4291 of the Public Resources Code proposed by AB 9 to be operative only if this bill and AB 9 are enacted and this bill is enacted last. (6) 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.