(1) Existing law requires the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones based on specified criteria and the severity of the fire hazard. Existing law requires that 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. A repeated violation within a specified timeframe of those requirements is a
crime.
This bill would require a person described above to utilize more intense fuel reductions between 5 and 30 feet around the structure, and to create a noncombustible zone within 5 feet of the structure. Because a violation of these provisions would be a crime or expand the scope of an existing crime, the bill would impose a state-mandated local program.
This bill would require each local agency having jurisdiction of property upon which conditions that are regulated by the defensible space provisions described above to annually report to the Department of Forestry and Fire Protection the number of inspections, enforcement actions, and estimated compliance rates with those provisions for the property within its jurisdiction. By imposing additional reporting requirements on local agencies, the bill would impose a state-mandated local program.
This bill would require each local agency having jurisdiction of property upon which conditions that are regulated by the defensible space provisions described above apply and the Department of Forestry and Fire Protection to make reasonable efforts to provide notice to affected residents of the above requirements before imposing penalties for a violation of those requirements. By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
This bill would require the Office of Planning and Research, on or before July 1, 2021, and in consultation with specified state agencies, to conduct a
survey of local agencies with jurisdiction over properties located in areas described above to develop an estimate of the level of defensible space inspections occurring in very high fire hazard severity zones, including an estimate of compliance with defensible space requirements.
This bill would require the Department of Forestry and Fire Protection to (A), commencing January 1, 2021, ensure the inspection of (A) by May 1, 2020, develop a plan to meet the defensible space inspection goal of inspecting each known structure within a state responsibility area at least once every 3 years, (B) periodically review and provide spot checks of compliance with defensible space requirements in areas where contract counties enforce those requirements within a state responsibility area,
establish a pilot program to perform defensible space assessments by specified entities, (C) provide biannual training to applicable local officials on defensible space inspections, and (D) take all feasible steps to improve compliance with defensible space requirements. The bill would require the department, by July 1, 2021, to develop a wildland-urban interface wildfire risk model to determine the risk for a community or parcel within a local responsibility area or a state responsibility area and guidelines for the proper use of the model, as provided. The bill would require the department to establish, and consult with, an advisory workgroup, with specified members, to develop the model. The bill would require the department to update the model and guidelines whenever fire hazard severity zones are revised.
This bill would require the Department of Forestry and Fire Protection, subject to availability of funding, to make local fire prevention grants available to certain entities to improve compliance with defensible space requirements in very high fire hazard severity zones through the creation of defensible space assessment or inspection programs.
(2) Existing law requires the Department of Forestry and Fire Protection to develop, periodically update, and post on its internet website a guidance document on fuels management for purposes of very high fire hazard severity zones, as designated by a local agency, and requires the guidance document to include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species.
This bill would limit these native species, for purposes of the
guidance document, to those that are fire resistant or drought tolerant, or both.
(3)Existing law provides that the Director of Forestry and Fire Protection may authorize the removal of vegetation that is not consistent with specified standards regarding defensible space, as provided.
This bill would require the director to, where necessary and feasible, use members of the California Conservation Corps, a local conservation corps, a resource conservation district, fire safe councils, or other entities deemed appropriate by the director to remove that vegetation.
(4)
(3) Existing law requires a person that owns, controls, operates, or maintains an electrical transmission or distribution line upon mountainous land, or in forest-covered land, brush-covered land, or grass-covered land, to maintain certain clearances between all vegetation and all conductors that are carrying electric current during those times and in those areas determined to be necessary by the Director of Forestry and Fire Protection or the agency with primary responsibility for the fire protection of those areas. A violation of this provision and other specified provisions relating to fire prevention requirements is a crime.
This bill would require the Department of Forestry and Fire Protection, in consultation with the Public Utilities Commission and any person who owns, controls, operates, or maintains any electrical transmission or distribution lines, on or before July 1, 2021, to develop
develop, through a public process, a guidebook of vegetation, including tree and shrub species, that, if planted in the vicinity of electrical transmission and distribution lines, cannot encroach within the vicinity of overhead conductors, as provided. For purposes of this provision, and other specified provisions related to firebreaks and vegetation clearance around electrical transmission or distribution lines, as provided, the bill would define person to mean, among other things, a county, city, district, or other local public agency. By expanding the duties of a local public agency, the bill would create a state-mandated program. The bill would require the guidebook to include, but not be limited to, guidelines for planting underneath and to the side of conductors of varying voltages, as provided. The bill would require the department, the Public Utilities Commission, an electrical corporation, and a local publicly owned electric utility to make available on their
respective internet websites the above-described guidebook. The bill would prohibit landowners, on or after July 1, 2021, from planting vegetation, including tree and shrub species, in the vicinity of electrical transmission and distribution lines that are inconsistent with, or in a location that would be inconsistent with, the provisions of that guidebook. The bill would prohibit landowners, on or after January 31, 2021, from planting vegetation near electrical transmission and distribution
lines and towers that can encroach within 10 feet of overhead conductors at any time. Because a violation of those prohibitions on landowners would be a crime, the bill would impose a state-mandated local program.
This bill would authorize, upon completion of the guidebook, San Diego Gas and Electric Company, until July 1, 2026, to enforce the provisions above, as provided, within their its service territory.
This bill would make legislative findings and declarations as to the necessity of a special statute for San Diego Gas and Electric Company.
This bill would specify that the above provisions apply in both a high fire threat district, as determined by
the Public Utilities Commission, and a state responsibility area.
(5)
(4) Existing law sets forth findings and declarations of the Legislature relating to the benefits of the state’s expertise in wildland fire prevention and vegetation management on forest, range, and watershed lands.
This bill would revise those findings and declarations of the Legislature.
(6)
(5) Existing law requires the Department of Forestry and Fire Protection to assist local governments in preventing future wildland fire and vegetation management problems by making its wildland fire prevention and vegetation management expertise available to local governments to the extent possible within the department’s budgetary limitations.
This bill instead would require the department to assist local governments in preventing future high intensity wildland fires and instituting appropriate fuels management by making its wildland fire prevention and vegetation management expertise and dedicated fuels reduction crews
available to local governments to the extent possible within the department’s budgetary limitations. The bill would explicitly define, for these purposes, “local governments” to include cities, counties, special districts, and water and electrical utilities. The bill would authorize the department to establish a cost-share or in-kind contribution requirement for any fuel reduction work conducted pursuant to these provisions, and would require the
department to explore opportunities to use its dedicated fuel reduction crews for areas in proximity to common ignition sources, including, but not limited to, roadways, electrical infrastructure, and campgrounds.
(7)
(6) Existing law authorizes a county, by resolution, to loan moneys to certain local and regional districts to enable those districts to perform their functions and meet their obligations.
This bill would include a resource conservation district as a district eligible for a loan from a county.
(8)
(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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.